Terms of Use
Terms and Conditions of Use
Migraine Stopper Pty Ltd
1. About the Website
1.1 Welcome to https://themigrainestopper.com/ (the 'Website'). The Website is operated by Migracorr Migraine Stopper Pty Ltd (ACN 607 217 327) (‘Migracorr Migraine Stopper’). Thank you for using Migracorr Migraine Stopper products and services.
1.2 The Website provides you with an opportunity to browse and purchase various products that have been listed for sale through the Website (the 'Products'). The Website provides this service by way of granting you access to the Products on the Website (the 'Purchase Services').
1.3 Your access to and use of the Website and our Purchase Services is governed by these terms and conditions (the ‘Terms’).
1.4 By using, browsing or accessing the Website, this signifies that you have read, understood and agree that you are bound by these Terms. If you do not agree with the Terms, you must cease using the Website and the Purchase Services.
1.5 Please read our Privacy Policy which form a part of these Terms to understand our practices regarding personal information that we collect about you through the conduct of our business activities.
1.6 Migracorr Migraine Stopper reserves the right to update these Terms at any time. Any changes to the Terms take immediate effect from the date of their publication.
2. Who may use our Website
2.1 As a condition of your use of our Website and access to our Purchase Services, you warrant that:
(a) you are a person authorised to enter into a legally binding contract if you are purchasing our Products;
(b) all relevant consents have been obtained to purchase and use our Products.
2.2 We retain the right in our sole discretion to deny anyone access to this Website or our Purchase Services, at any time and for any reason.
3. Registration and acceptance to use the Purchase Services
3.1 In order to access the Purchase Services, you must first register as a user of the Website (‘Member Account’). As part of the registration process, or as part of your continued use of the Purchase Services, you may be required to provide personal information about yourself (such as identification or contact details), including:
your name;
an email address;
preferred username and password (‘Login Details’);
a mailing address;
a telephone number;
and any other information indicated as required.
(‘Registration Data’)
Registration Data includes any other content that you submit to Migracorr Migraine Stopper through the course of us supplying Purchase Services to you. Migracorr Migraine Stopper acknowledges that by providing us with Registration Data that you are entrusting us to treat it appropriately and in accordance with our Privacy Policy.
3.2 By registering for a Member Account, you will be required to accept our Terms by clicking the “register” button in the user interface as a condition of joining as a member (‘Member’) of our Website. By clicking the “register” button, you agree to our Terms which give notice to you through our user interface as follows:
By Registering, you agree that you've read and accepted our website Terms and Conditions and you consent to our Privacy Policy.
3.3 You acknowledge that Migracorr Migraine Stopper may reject your application for a Member Account or cancel an existing Member Account, for any reason, in our sole discretion.
3.4 You must be 18 years or older to purchase Products through our Website and use our Purchase Services. You must not register for a Member Account if you are not of legal age to form a binding contract with us or if you are a person barred from receiving the Purchase Services under Australian law or any other country in which you are a resident.
3.5 You warrant that any information you give to Migracorr Migraine Stopper in the course of completing the registration process will always be accurate, correct and up to date. If we detect suspicious or incomplete information, we reserve the right in our sole discretion to cancel a Member Account and any orders for our Products.
3.6 Once you have completed the registration process, you will be a registered member of the Website and agree to be bound by the Terms. As a Member you will be granted immediate access to the Purchase Services.
3.7 After registration as a Member, you may login into your Member Account with your Login Details to gain access to the Purchase Services by placing an order (‘Order’) for our Products. A contract comes into existence for the supply of the Products once acceptance of the Order is made by Migracorr Migraine Stopper. Any Order not accepted by Migracorr Migraine Stopper will be regarded as having been refused by Migracorr Migraine Stopper.
3.8 You are solely responsible for the accuracy of the information that you submit in relation to each Order for the Products. You agree that we do not control, verify, or endorse that information.
3.9 You retain ownership of your Registration Data. You grant Migracorr Migraine Stopper a worldwide, royalty free license to use, reproduce, modify, adapt, create derivate works, make publicly available your Registration Data for the limited purposes of providing our Services to you and only as permitted by our Privacy Policy. This license also extends to any trusted third parties we work with to the extent necessary to provide our Services to you.
3.10 You acknowledge that Migracorr Migraine Stopper will use the email you provide as the primary method for communication and agree to receive e-newsletters from Migracorr Migraine Stopper which will always have an unsubscribe function listed at the foot of the e-newsletter.
4. Your Member Account and Member Obligations
4.1 As a Member, you agree that in relation to your Member Account that:
(a) you have the sole responsibility for protecting the confidentiality of your password and/or email address. Use of your password by any other person may result in the immediate cancellation of your right to access the Purchase Services;
(b) any use of your registration information by any other person, or third parties, is strictly prohibited. You agree to immediately notify Migracorr Migraine Stopper of any unauthorised use of your password or email address or any breach of security of which you have become aware;
(c) access and use of the Website and your Member Account is limited, non-transferable and allows for the sole use of the Website by you for the purposes of Migracorr Migraine Stopper providing the Purchase Services;
(d) your access to the Purchase Services will be disabled when your Member Account is suspended, terminated or ends;
(e) you will not use the Purchase Services or Website for any illegal use or use that is not authorised under these Terms;
(f) you will use the Purchases Services only for the purposes that are permitted by these Terms and in accordance with any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions;
(g) you agree that commercial advertisements, affiliate links, and other forms of solicitation may be removed from the Website without notice and may result in termination of the Purchase Services. Appropriate legal or other action will be taken by Migracorr Migraine Stopper for any illegal or unauthorised use of the Website; and
(h) you agree that any automated use of the Website or its Purchase Services is prohibited.
(the ‘Member Obligations’):
4.2 You agree that Migracorr Migraine Stopper may without notice terminate your Member Account and your access to the Purchase Services including any Registration Data in it or associated with it:
(a) at any time for a breach of your Member Obligations or any other part of these Terms in the sole discretion of Migracorr Migraine Stopper; or
(b) if there is no account activity associated with your Member Account for over 12 months.
5. Purchase of Products
5.1 In using the Purchase Services to purchase the Product through the Website, you agree to the payment of the applicable purchase price listed on the Website for our Products (the 'Purchase Price'). We reserve the right to change the Purchase Price of our Products at any time without notice to you. The Purchase Price advertised at the time that you place an order applies to your purchase of our Products.
5.2 Our fees for the Purchase Price are in Australian Dollars (AUD). Fees may be converted to your local currency at the time of your Order if we accept an Order for delivery outside of Australia. We reserve the right in our sole discretion to reject an Order for delivery outside of Australia. We will be entitled to add on GST for any supply in Australia.
5.3 Payment of the Purchase Price may be made through one of the following third-party providers:
(a) Paypal
(b) Credit Card VISA MASTERCARD
(the 'Payment Gateway Providers')
5.4 In using the Purchase Services, you warrant that you have familiarised yourself with, and agree to be bound by, the applicable Terms and Conditions of Use, Privacy Policy and other relevant legal documentation provided by the Payment Gateway Providers.
5.5 You acknowledge that the Payment Gateway Provider will be your default payment gateway and it is your sole responsibility to:
(a) keep the Payment Gateway Provider Account active, and
(b) to deactivate the Payment Gateway Provider Account if you do not wish to keep the account active
5.6 Payment must be made in full at the time of placing an Order. We will not hold Products against your Order if payment is not made in full or if payment is declined by your bank or credit card issuer. Members are responsible for ensuring their credit card details are accurate and up to date when purchasing our Products.
5.7 Please check your order carefully before submitting it as orders may not be able to be varied or cancelled once we have accepted it. Following payment of the Purchase Price being confirmed and your Order being accepted by Migracorr Migraine Stopper, you will be issued with a receipt to confirm that the payment has been received and you agree that Migracorr Migraine Stopper may record your purchase details for future use.
5.8 You are responsible for any use, activities and the payments associated with your Order. Migracorr Migraine Stopper reserves the right to cancel, suspend or reject an Order for the purchase of Products on the following grounds:
(a) the inability to authorise or process any payment including a credit card payment;
(b) where Migracorr Migraine Stopper suspects or confirms a breach of intellectual property rights; or
(c) if any misuse of your Member Account is detected.
5.9 Migracorr Migraine Stopper may in its sole discretion elect not to accept an Order from you. If your credit card has been charged and we have rejected your Order, we will issue a credit to your credit card account within 14 calendar days.
6. Warranty
6.1 Migracorr Migraine Stopper's Products come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for defective Products. You are also entitled to have the Products repaired or replaced if the Products fail to be of acceptable quality and the failure does not amount to a major defect (the 'Warranty').
6.2 You can make a claim under this clause (the 'Warranty Claim') for material defects in the Products within 12 months from the date of purchase (the 'Warranty Period').
6.3 This warranty does not apply to any defect in the Products arising from:
fair wear and tear
incorrect assembly or not installed or maintained in accordance with accompanying documentation
inadequate storage
inappropriate cleaning
misuse
modifications
use in a manner or purpose for which the Product was not intended
repair or service by a third-party
damage due to Force Majeure once the Products are delivered to you.
6.4 In order to make a Warranty Claim during the Warranty Period, you must provide proof of purchase to Migracorr Migraine Stopper showing the date of purchase of the Products, provide a description of the Products and the price paid for the Products by sending written notice to Migracorr Migraine Stopper at Suite 203/83 Mount street. North Sydney, NSW 2060, Australia or by email at info@migrainestopper.com.au.
6.5 Returns will only be accepted in original condition and in original packaging together with proof of purchase. Products that have been modified or excessively handled will not be accepted as a return.
6.6 Where the Warranty Claim is accepted then Migracorr Migraine Stopper will, at its sole discretion, either repair or replace any defective Products or part thereof with a new or remanufactured equivalent during the Warranty Period at no charge to you for parts or labour. You acknowledge and agree that you will be solely liable for any postage or shipping costs incurred in facilitating the Warranty Claim.
6.7 The Warranty shall be the sole and exclusive warranty granted by Migracorr Migraine Stopper and shall be the sole and exclusive remedy available to you in addition to other rights and under a law in relation to the Products to which this warranty relates.
6.8 All implied warranties including the warranties of merchantability and fitness for use are limited to the Warranty Period.
6.9 Save for those express warranties provided in these Terms and to the maximum extent permitted by law, Migracorr Migraine Stopper does not give any other express warranty or representation of any kind in relation to any Products supplied under these Terms.
6.10 You agree that the Products are provided “as is” and specific results cannot be guaranteed. It is your sole responsibility to determine that the Product meets your needs or is otherwise suitable for the purposes for which it is used.
7. Returns and Refund Policy
7.1 All returns and refunds will be processed in accordance with the Australian Consumer Law and in accordance with these Terms.
7.2 It is your responsibility to inspect your Products on delivery. Should your Products be defective upon receipt, not match the description or are not fit for the purpose specified, Migracorr Migraine Stopper will offer a full refund, replacement or repair of the Products in accordance with its obligations under the Australian Consumer Law.
7.3 For defective merchandise, you must contact us within 14 calendar days of delivery to report any discrepancies or faults to make a claim otherwise you will be deemed to have accepted the Products. Please contact us by phone or email as follows:
Email: info@migrainestopper.com.au
7.4 You are responsible for returning the Products to Migracorr Migraine Stopper. Defective products will only be accepted for credit within 14 calendar days of the date of delivery and must be accompanied by the receipt and a reason for the return so that we can identify the transaction and assess the legitimacy of the fault. You agree that you are responsbile for any postage and shipping costs associated with any refund pursuant to this clause.
7.5 Returns will only be considered for Products in original condition and in original packaging where the Product packaging is unopened and remains in a saleable condition. Products that have been modified or excessively handled will not be accepted as a return. No credit will be allowed for Products that have been used, modified or damaged or used in a manner or purpose for which the Product was not intended.
7.6 Returns or refunds are made in our discretion subject to any guarantees that cannot be excluded under the Australian Consumer Law.
7.7 Except as required by the Australian Consumer Law, we will only facilitate a refund if we are unable to facilitate the processing of an Order or if we determine, in our discretion, that it is reasonable to do so.
8. Delivery
8.1 You must make payment for the Products in full before we will dispatch the Products.
8.2 Postage and shipping costs are at your expense. The Purchase Price on our Website for Products is not inclusive of shipping and handling charges unless otherwise depicted.
8.3 We ship within Australia and to overseas countries in our sole discretion or as listed on our Website, if any. Please contact us by email if you require shipping to a country that is not listed on our Website.
8.4 If we agree to deliver our Products outside of Australia, international delivery charges will apply. Delivery charges within Australia or for international delivery will be added to your order for our Products. By placing an order, you agree to pay the Purchase Price for our Products and the postage and shipping costs.
8.5 You acknowledge that our Products integrate delivery (the 'Delivery Services') through third-party delivery companies (the 'Delivery Service Providers').
8.6 In supplying the Products, we may provide you with a variety of delivery and insurance options offered as part of the Delivery Services. You agree that Migracorr Migraine Stopper is not the provider of these delivery and insurance options and merely facilitates your interaction with the Delivery Service Providers in respect to providing the Delivery Services.
8.7 For locations in Australia, please allow 3 to 10 calendar days for delivery by Delivery Service Providers. As a definite delivery time is outside of our control, we provide no guarantee that your Products will be delivered within 3 to 10 calendar days. For locations outside of Australia, please allow 2 to 4 weeks for delivery.
8.8 The cost of any delivery and shipping will be automatically calculated for you at checkout on our Website.
8.9 Sales tax (GST) will be applied for shipping addresses based in Australia. You will be responsible for any sales tax, customs duty or any other taxes and charges levied on the supply by any government and regulatory authority in Australia or worldwide.
8.10 You accept that any delivery or re-delivery fees you pay are non-refundable except where required by law.
8.11 You are responsible to make all arrangements necessary to take delivery for the Products otherwise Migracorr Migraine Stopper will be entitled to charge a reasonable fee in the event that redelivery is required. Some carriers may require a signature for delivery and you will be responsible to arrange for signature at the delivery premises and for collection of any notices for re-delivery or other collection arrangements. You will bear the liability of and cost for any additional charges to carry out re-delivery or multiple delivery attempts.
8.12 You are liable for any postage and shipping costs associated with a refund unless you are legally entitled to claim reasonable postage or transportation costs.
8.13 In the event that an item is lost or damaged in the course of the Delivery Services, Migracorr Migraine Stopper asks that you:
(a) contact the Delivery Service Provider directly to request a refund or to claim on any insurance options available; and
(b) contact us by sending an email to info@migrainestopper.com.au outlining in what way the Products were damaged in transit so we are able to determine if the Delivery Service Provider should be removed from the Purchase Services.
9. Copyright and Intellectual Property
9.1 The intellectual property rights in or related to the Products or any of its documentation vest in Migracorr Migraine Stopper or Migracorr Migraine Stopper has the right to use the intellectual property rights.
9.2 The material on the Website is protected by copyright under the laws of Australia and through international treaties. Unless otherwise indicated, all rights (including copyright) in the site content and compilation of the Website (including text, graphics, logos, button icons, video images, audio clips and software) (the 'Content') vest in or are licensed by Migracorr Migraine Stopper or its contributors.
9.3 Nothing you do on or in relation to the Website will transfer to you:
(a) the business name, trading name, domain name, trade mark, industrial design, patent, registered design or copyright of Migracorr Migraine Stopper; or
(b) the right to use or exploit a business name, trading name, domain name, trade mark or industrial design; or
(c) a product, system or process or material that is the subject of a patent, registered design or copyright.
The Website or any part of it (including, without limitation, any content or images) must not be copied, reproduced, adapted, publicly displayed, duplicated, translated or distributed in any way (including mirroring) to any other device, server, site or other medium for publication or distribution, without our express prior written consent.
9.4 You may not, without the prior written permission of Migracorr Migraine Stopper and the permission of any other relevant rights owners broadcast, republish, up-load to a third party, transmit, post, distribute, show or play in public, adapt or change in any way the Content.
9.5 The intellectual property in our Products including any patents, trade marks, service marks, trade names, designs or copyright and any other proprietary designations are owned, registered or licensed by us.
9.6 You must not use any of our trade marks:
(a) in or as the whole or part of your own trade marks;
(b) in connection with activities, products or services which are not ours; or
(c) in a manner which may be confusing, misleading or deceptive.
Any other trade marks, service marks, logos, trade names and any other proprietary designations are the trade marks or property of the respective parties.
9.7 Your obligations under this clause survive termination or expiry of these Terms.
10 Privacy
10.1 In these Terms, personal information has the meaning as defined in the Privacy Laws. Privacy Laws means the Privacy Act 1988 (Cth). Please refer to our Privacy Policy which is made a part of these Terms.
10.2 If you are a non-Australian user of the Website, you agree that your personal information is stored in our servers in Australia and is subject to the applicable Australian Privacy Laws. You accept that by providing us your personal information, we will deal with such personal information as set out in our Privacy Policy.
11 General Disclaimer
11.1 You acknowledge that Migracorr Migraine Stopper does not make any terms, guarantees, warranties, representations or conditions whatsoever regarding the Products other than provided in these Terms.
11.2 Migracorr Migraine Stopper will make every effort to ensure a Product is accurately depicted on the Website, however, you acknowledge that sizes, colours and packaging may differ from what is displayed on the Website.
11.3 Nothing in these Terms limits or excludes any guarantees, warranties, representations or conditions implied or imposed by law, including the Australian Consumer Law (or any liability under them) which by law may not be limited or excluded.
11.4 Subject to this clause, and to the extent permitted by law:
(a) all terms, guarantees, warranties, representations or conditions which are not expressly stated in these Terms are excluded; and
(b) Migracorr Migraine Stopper will not be liable for any special, indirect or consequential loss or damage, loss of profit or opportunity, or damage to goodwill arising out of or in connection with the Purchase Services or these Terms (including as a result of not being able to use the Purchase Services or the late supply of the Purchase Services), whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise.
11.5 Use of the Website, the Purchase Services, and any of the Products of Migracorr Migraine Stopper (including the Delivery Services), is at your own risk. Everything on Website, the Purchase Services, and the Products of Migracorr Migraine Stopper, are provided to you on an "as is" and "as available" basis, without warranty or condition of any kind, except as otherwise expressly provided in these Terms.
11.6 None of the affiliates, directors, officers, employees, agents, contributors, third party content providers or licensors of Migracorr Migraine Stopper (including any third party where the Delivery Services are made available to you) make any express or implied representation or warranty about the Products, the Purchase Services or the Content on our Website. This includes (but is not restricted to) loss or damage you might suffer as a result of any of the following:
(a) failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, computer virus or other harmful component, loss of data, communication line failure, unlawful third-party conduct, or theft, destruction, alteration or unauthorised access to records;
(b) the accuracy, suitability or currency of any information on the Website including any Content or the Products and Purchase Services or otherwise any related products (including third party material and advertisements on the Website);
(c) costs incurred as a result of you using the Website, the Purchase Services or any of the Products;
(d) the Content or operation in respect to Website links which are provided for the User's convenience;
(e) any failure to complete a transaction, or any loss arising from e-commerce transacted on the Website; or
(f) any defamatory, threatening, offensive or unlawful conduct of third parties or publication of any materials relating to or constituting such conduct.
12. Limitation of Liability
12.1 Migracorr Migraine Stopper's total liability arising out of or in connection with the Purchase Services or these Terms, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the most recent Purchase Price paid by you under these Terms or where you have not paid the Purchase, then the total liability of Migracorr Migraine Stopper is the resupply of the Purchase Services to you.
12.2 You expressly understand and agree that Migracorr Migraine Stopper, its affiliates, employees, agents, contributors, third party content providers and licensors shall not be liable to you for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you, however caused and under any theory of liability. This shall include, but is not limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation and any other intangible loss.
12.3 This exclusion of liability includes without limitation:
(a) the completeness, truth, suitability, quality or accuracy of the information or Products descriptions published on our Website (including third-party material and advertisements);
(b) that the information on the Website is up to date; or
(c) any of the Products on the Website will remain available.
You accept that we take no responsibility for any error or omission relating to the Content on the Website.
12.4 These Terms are to be read subject to any legislation that prohibits or restricts the exclusion, restriction or modification of any implied warranties, conditions, guarantees or obligations. If such legislation applies, to the extent possible we limit our liability as follows, at our option:
(a) for any claims relating to these Terms, to the Purchase Price of the Products;
(b) in the case of products including any digital products (a) the replacement of the products or the supply of equivalent products; (b) the repair of the products; (c) the payment of the cost of replacing the products or of acquiring equivalent products; or (d) the payment of having the products repaired; or
(c) in the case of services, the supply of the services again or the payment of the cost of having the services supplied again.
12.5 Migracorr Migraine Stopper is not responsible or liable in any manner for any site content (including the Content and third-party content) posted on the Website or in connection with the Purchase Services, whether posted or caused by users of the Website of Migracorr Migraine Stopper or by third parties.
12.6 You acknowledge that Migracorr Migraine Stopper does not provide the Delivery Services to you and you agree that Migracorr Migraine Stopper will not be liable to you for any special, indirect or consequential loss or damage, loss of profit or opportunity, or damage to goodwill arising out of or in connection with the Delivery Services.
12. Termination of Contract
12.1 The Terms will continue to apply until terminated by either you or by Migracorr Migraine Stopper as set out below.
12.2 If you want to terminate the Terms, you may do so by:
(a) notifying Migracorr Migraine Stopper at any time; or
(b) by closing your Member Account where Migracorr Migraine Stopper has made this option available to you.
Your notice should be sent, in writing, to Migracorr Migraine Stopper via the 'Contact Us' link on our homepage.
12.3 Migracorr Migraine Stopper may at any time, terminate the Terms with you if:
(a) you have breached any provision of the Terms;
(b) Migracorr Migraine Stopper is required to do so by law;
(c) Migracorr Migraine Stopper is transitioning to no longer providing the Purchase Services to Users in the country in which you are resident or from which you use the Purchase Service; or
(d) the provision of the Purchase Services to you by Migracorr Migraine Stopper is, in the opinion of Migracorr Migraine Stopper, no longer commercially viable.
12.4 Subject to local applicable laws, Migracorr Migraine Stopper reserves the right to discontinue or cancel your membership to the Website at any time and may suspend or deny, in its sole discretion, your access to all or any portion of the Website or the Purchase Services without notice if you breach any provision of the Terms or any applicable law or if your conduct impacts Migracorr Migraine Stopper's name or reputation or violates the rights of those of another party.
12.5 When the Terms come to an end, all of the legal rights, obligations and liabilities that you and Migracorr Migraine Stopper have benefited from, been subject to (or which have accrued over time whilst the Terms have been in force) or which are expressed to continue indefinitely, shall be unaffected by this cessation, and the provisions of this clause shall continue to apply to such rights, obligations and liabilities indefinitely.
13. Indemnity
13.1 You agree to indemnify Migracorr Migraine Stopper, its affiliates, employees, agents, contributors, third party content providers and licensors from and against:
(a) all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) incurred, suffered or arising out of or in connection with any Content you post through the Website;
(b) any direct or indirect consequences of you accessing, using or transacting on the Website or attempts to do so and any breach by you or your agents of these Terms; and/or
(c) any breach of the Terms.
14. Dispute Resolution
14.1 Compulsory process. A Party must not start arbitration or court proceedings (except proceedings seeking interlocutory relief) in respect of a dispute arising out of these Terms (Dispute) unless it has complied with this clause.
14.2 Notification. A Party claiming that a Dispute has arisen must notify each other Party to the Dispute giving details of the Dispute.
14.3 Initial period – efforts to resolve Dispute. During the 30-calendar day period after a notice is given (or longer period agreed in writing by the Parties to the Dispute) (Initial Period) each Party to the Dispute (Disputant) covenants with the other to cooperate and take all reasonable steps necessary to attempt to resolve the Dispute.
14.4 Mediation. If the Disputants are unable to resolve the Dispute within the Initial Period, each Disputant agrees that the Dispute shall be referred for mediation, at the request of any Disputant, to:
(a) a mediator agreed on by the Disputants; or
(b) if the Disputants are unable to agree on a mediator within seven days after the end of the Initial Period, then the Disputants must submit the Dispute for mediation through the Chair of Resolution Institute (ACN 008 651 232) or the Chair’s designated representative and the Resolution Institute Mediation Rules shall apply to the mediation.
14.5 Role of mediator. The role of any mediator is to assist in negotiating a resolution of the Dispute. A mediator may not make a decision that is binding on a Disputant unless that Disputant has so agreed in writing.
14.6 Information. Any information or documents disclosed by a Disputant under this clause must be kept confidential and may not be used except to attempt to resolve the Dispute.
14.7 Costs of mediation. Each Disputant must pay its own costs of complying with this clause. The Disputants must pay equally the costs of any mediator engaged.
14.8 Location, timing and attendance. The mediation will be held in Sydney, Australia, within 30 days after expiry of the Initial Period. Each Disputant agrees to attend the mediation by a representative having full authority to resolve the dispute. At the mediation each Disputant may be represented by one or more legal representative
14.9 Failure to resolve. If the dispute fails to resolve at mediation or if one of the Disputants fails or refuses to attend the mediation, the mediator will be requested to inform each Disputant in writing that the mediation has been terminated without resolution (Mediation Termination Notice). Upon receipt of Mediation Termination Notice, the dispute resolution process will be terminated. A party to a dispute will only be entitled to pursue other remedies available to it at law or otherwise, after receipt of Mediation Termination Notice.
14.10 Confidentiality. All communications concerning negotiations made by the Disputants arising out of and in connection with this dispute resolution clause are confidential and to the extent possible, must be treated as “without prejudice” negotiations for the purpose of applicable law of evidence.
15. Venue and Jurisdiction.
The Purchase Services offered by Migracorr Migraine Stopper is intended to be viewed by residents of Australia. In the event of any dispute arising out of or in relation to the Website, you agree that the exclusive venue for resolving any dispute shall be in the courts of New South Wales, Australia including if you are resident outside of Australia.
16. Governing Law
The Terms are governed by the laws of New South Wales, Australia. Any dispute, controversy, proceeding or claim of whatever nature arising out of or in any way relating to the Terms and the rights created hereby shall be governed, interpreted and construed by, under and pursuant to the laws of New South Wales, Australia, without reference to conflict of law principles, notwithstanding mandatory rules. The validity of this governing law clause is not contested. The Terms shall be binding to the benefit of the parties hereto and their successors and assigns.
17. Independent Legal Advice
Both parties confirm and declare that the provisions of the Terms are fair and reasonable and both parties having taken the opportunity to obtain independent legal advice and declare the Terms are not against public policy on the grounds of inequality or bargaining power or general grounds of restraint of trade.
18. Severance
If any part of these Terms is found to be void or unenforceable by a Court of competent jurisdiction, that part shall be severed, and the rest of the Terms shall remain in force.
19. Waiver
The failure of Migracorr Migraine Stopper to exercise or enforce any right or provision under these Terms shall not constitute a waiver of such right or provision.
20. Force Majeure
We accept no liability for any delay or failure to perform our obligations under these Terms if such a delay or failure is due to circumstances beyond our reasonable control.
21. Trade Marks
The trade marks used on the Website are a trade mark or registered trade mark of Migracorr Migraine Stopper or licensed by Migracorr Migraine Stopper (the ‘Trade Marks’). You must not use the Trade Marks: (a) in or as the whole or part of your own trademarks; (b) in connection with any business, products or services which are not ours; (c) in a manner which may be confusing, misleading or deceptive to any person; or (d) in a manner that disparages us, the Purchase Services, or the Website.
22. Advertising and Links
The Website may contain links and other pointers to Internet websites or applications operated by third parties. We do not control these linked websites and are not responsible for the contents of any linked website. The links are provided solely for your convenience and do not indicate, expressly or impliedly, any endorsement by us of the site or the products or services provided at those sites. Your access to any such website is entirely at your own risk. You should contact the relevant third-party directly to enquire on that information prior to entering into a transaction in relation to the third-party products and services.
23. Feedback and Social Media
23.1 Your feedback is important to us. We welcome and encourage you to provide feedback, images, photos, reviews, comments and suggestions for improvements (collectively "Material") to our Website and our Products. You may submit Material by emailing us at info@migrainestopper.com.au.
23.2 Our Website may connect to or may be related to various social media platforms such. Facebook, Twitter, Pinterest, Instagram, YouTube and various blogs (collectively ‘Social Media Platforms’). The terms, conditions and policies that apply to the Social Media Platforms also apply to the Migracorr Migraine Stopper accounts that the Social Media Platforms host. You should familiarise yourself with the terms, conditions and policies of the Social Media Platforms before you participate in them.
23.3 We reserve the right to remove or disable access to a Member’s participation in our Social Media Platform in our sole discretion without notice including for:
intellectual property infringement;
defamatory, unlawful, hateful, offensive, threatening, harassing or otherwise objectionable participation;
illegal or unauthorised actions including for commercial advertisements or other forms of solicitation or collecting email addresses;
participation that is not in compliance with all applicable laws and regulations or the terms, conditions and policies of the applicable Social Media Platforms.
23.4 You grant to us a royalty-free irrevocable license to use your Material on our Website or on Social Media Platforms for advertising, promotional and review purposes.
23.5 When you interact with any Migracorr Migraine Stopper page or account on these Social Media Platforms, we may collect personal information that you make available to us on that page or account subject to Migracorr Migraine Stopper complying with its Privacy Policy and the privacy policies of the corresponding Social Media Platforms.
24. Public Statements
You must not release to the public any news release, advertising material, promotional material or any other form of publicity relating to Migracorr Migraine Stopper without our prior written permission.
25. Our Details
25.1 This Website is owned and operated by Migracorr Migraine Stopper Pty Ltd (ACN 607 217 327).
25.2 Our principal place of business is at Suite 203/83 Mount street. North Sydney, NSW 2060, Australia.
25.3 You can contact us:
(a) by post, using the postal address given above;
(b) by telephone, on the contact number published on our Website from time to time;
(c) by email, using the email address published on our Website from time to time.
© 2018 Migracorr Migraine Stopper Pty Ltd. All Rights Reserved.
Migraine Stopper Pty Ltd
1. About the Website
1.1 Welcome to https://themigrainestopper.com/ (the 'Website'). The Website is operated by Migracorr Migraine Stopper Pty Ltd (ACN 607 217 327) (‘Migracorr Migraine Stopper’). Thank you for using Migracorr Migraine Stopper products and services.
1.2 The Website provides you with an opportunity to browse and purchase various products that have been listed for sale through the Website (the 'Products'). The Website provides this service by way of granting you access to the Products on the Website (the 'Purchase Services').
1.3 Your access to and use of the Website and our Purchase Services is governed by these terms and conditions (the ‘Terms’).
1.4 By using, browsing or accessing the Website, this signifies that you have read, understood and agree that you are bound by these Terms. If you do not agree with the Terms, you must cease using the Website and the Purchase Services.
1.5 Please read our Privacy Policy which form a part of these Terms to understand our practices regarding personal information that we collect about you through the conduct of our business activities.
1.6 Migracorr Migraine Stopper reserves the right to update these Terms at any time. Any changes to the Terms take immediate effect from the date of their publication.
2. Who may use our Website
2.1 As a condition of your use of our Website and access to our Purchase Services, you warrant that:
(a) you are a person authorised to enter into a legally binding contract if you are purchasing our Products;
(b) all relevant consents have been obtained to purchase and use our Products.
2.2 We retain the right in our sole discretion to deny anyone access to this Website or our Purchase Services, at any time and for any reason.
3. Registration and acceptance to use the Purchase Services
3.1 In order to access the Purchase Services, you must first register as a user of the Website (‘Member Account’). As part of the registration process, or as part of your continued use of the Purchase Services, you may be required to provide personal information about yourself (such as identification or contact details), including:
your name;
an email address;
preferred username and password (‘Login Details’);
a mailing address;
a telephone number;
and any other information indicated as required.
(‘Registration Data’)
Registration Data includes any other content that you submit to Migracorr Migraine Stopper through the course of us supplying Purchase Services to you. Migracorr Migraine Stopper acknowledges that by providing us with Registration Data that you are entrusting us to treat it appropriately and in accordance with our Privacy Policy.
3.2 By registering for a Member Account, you will be required to accept our Terms by clicking the “register” button in the user interface as a condition of joining as a member (‘Member’) of our Website. By clicking the “register” button, you agree to our Terms which give notice to you through our user interface as follows:
By Registering, you agree that you've read and accepted our website Terms and Conditions and you consent to our Privacy Policy.
3.3 You acknowledge that Migracorr Migraine Stopper may reject your application for a Member Account or cancel an existing Member Account, for any reason, in our sole discretion.
3.4 You must be 18 years or older to purchase Products through our Website and use our Purchase Services. You must not register for a Member Account if you are not of legal age to form a binding contract with us or if you are a person barred from receiving the Purchase Services under Australian law or any other country in which you are a resident.
3.5 You warrant that any information you give to Migracorr Migraine Stopper in the course of completing the registration process will always be accurate, correct and up to date. If we detect suspicious or incomplete information, we reserve the right in our sole discretion to cancel a Member Account and any orders for our Products.
3.6 Once you have completed the registration process, you will be a registered member of the Website and agree to be bound by the Terms. As a Member you will be granted immediate access to the Purchase Services.
3.7 After registration as a Member, you may login into your Member Account with your Login Details to gain access to the Purchase Services by placing an order (‘Order’) for our Products. A contract comes into existence for the supply of the Products once acceptance of the Order is made by Migracorr Migraine Stopper. Any Order not accepted by Migracorr Migraine Stopper will be regarded as having been refused by Migracorr Migraine Stopper.
3.8 You are solely responsible for the accuracy of the information that you submit in relation to each Order for the Products. You agree that we do not control, verify, or endorse that information.
3.9 You retain ownership of your Registration Data. You grant Migracorr Migraine Stopper a worldwide, royalty free license to use, reproduce, modify, adapt, create derivate works, make publicly available your Registration Data for the limited purposes of providing our Services to you and only as permitted by our Privacy Policy. This license also extends to any trusted third parties we work with to the extent necessary to provide our Services to you.
3.10 You acknowledge that Migracorr Migraine Stopper will use the email you provide as the primary method for communication and agree to receive e-newsletters from Migracorr Migraine Stopper which will always have an unsubscribe function listed at the foot of the e-newsletter.
4. Your Member Account and Member Obligations
4.1 As a Member, you agree that in relation to your Member Account that:
(a) you have the sole responsibility for protecting the confidentiality of your password and/or email address. Use of your password by any other person may result in the immediate cancellation of your right to access the Purchase Services;
(b) any use of your registration information by any other person, or third parties, is strictly prohibited. You agree to immediately notify Migracorr Migraine Stopper of any unauthorised use of your password or email address or any breach of security of which you have become aware;
(c) access and use of the Website and your Member Account is limited, non-transferable and allows for the sole use of the Website by you for the purposes of Migracorr Migraine Stopper providing the Purchase Services;
(d) your access to the Purchase Services will be disabled when your Member Account is suspended, terminated or ends;
(e) you will not use the Purchase Services or Website for any illegal use or use that is not authorised under these Terms;
(f) you will use the Purchases Services only for the purposes that are permitted by these Terms and in accordance with any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions;
(g) you agree that commercial advertisements, affiliate links, and other forms of solicitation may be removed from the Website without notice and may result in termination of the Purchase Services. Appropriate legal or other action will be taken by Migracorr Migraine Stopper for any illegal or unauthorised use of the Website; and
(h) you agree that any automated use of the Website or its Purchase Services is prohibited.
(the ‘Member Obligations’):
4.2 You agree that Migracorr Migraine Stopper may without notice terminate your Member Account and your access to the Purchase Services including any Registration Data in it or associated with it:
(a) at any time for a breach of your Member Obligations or any other part of these Terms in the sole discretion of Migracorr Migraine Stopper; or
(b) if there is no account activity associated with your Member Account for over 12 months.
5. Purchase of Products
5.1 In using the Purchase Services to purchase the Product through the Website, you agree to the payment of the applicable purchase price listed on the Website for our Products (the 'Purchase Price'). We reserve the right to change the Purchase Price of our Products at any time without notice to you. The Purchase Price advertised at the time that you place an order applies to your purchase of our Products.
5.2 Our fees for the Purchase Price are in Australian Dollars (AUD). Fees may be converted to your local currency at the time of your Order if we accept an Order for delivery outside of Australia. We reserve the right in our sole discretion to reject an Order for delivery outside of Australia. We will be entitled to add on GST for any supply in Australia.
5.3 Payment of the Purchase Price may be made through one of the following third-party providers:
(a) Paypal
(b) Credit Card VISA MASTERCARD
(the 'Payment Gateway Providers')
5.4 In using the Purchase Services, you warrant that you have familiarised yourself with, and agree to be bound by, the applicable Terms and Conditions of Use, Privacy Policy and other relevant legal documentation provided by the Payment Gateway Providers.
5.5 You acknowledge that the Payment Gateway Provider will be your default payment gateway and it is your sole responsibility to:
(a) keep the Payment Gateway Provider Account active, and
(b) to deactivate the Payment Gateway Provider Account if you do not wish to keep the account active
5.6 Payment must be made in full at the time of placing an Order. We will not hold Products against your Order if payment is not made in full or if payment is declined by your bank or credit card issuer. Members are responsible for ensuring their credit card details are accurate and up to date when purchasing our Products.
5.7 Please check your order carefully before submitting it as orders may not be able to be varied or cancelled once we have accepted it. Following payment of the Purchase Price being confirmed and your Order being accepted by Migracorr Migraine Stopper, you will be issued with a receipt to confirm that the payment has been received and you agree that Migracorr Migraine Stopper may record your purchase details for future use.
5.8 You are responsible for any use, activities and the payments associated with your Order. Migracorr Migraine Stopper reserves the right to cancel, suspend or reject an Order for the purchase of Products on the following grounds:
(a) the inability to authorise or process any payment including a credit card payment;
(b) where Migracorr Migraine Stopper suspects or confirms a breach of intellectual property rights; or
(c) if any misuse of your Member Account is detected.
5.9 Migracorr Migraine Stopper may in its sole discretion elect not to accept an Order from you. If your credit card has been charged and we have rejected your Order, we will issue a credit to your credit card account within 14 calendar days.
6. Warranty
6.1 Migracorr Migraine Stopper's Products come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for defective Products. You are also entitled to have the Products repaired or replaced if the Products fail to be of acceptable quality and the failure does not amount to a major defect (the 'Warranty').
6.2 You can make a claim under this clause (the 'Warranty Claim') for material defects in the Products within 12 months from the date of purchase (the 'Warranty Period').
6.3 This warranty does not apply to any defect in the Products arising from:
fair wear and tear
incorrect assembly or not installed or maintained in accordance with accompanying documentation
inadequate storage
inappropriate cleaning
misuse
modifications
use in a manner or purpose for which the Product was not intended
repair or service by a third-party
damage due to Force Majeure once the Products are delivered to you.
6.4 In order to make a Warranty Claim during the Warranty Period, you must provide proof of purchase to Migracorr Migraine Stopper showing the date of purchase of the Products, provide a description of the Products and the price paid for the Products by sending written notice to Migracorr Migraine Stopper at Suite 203/83 Mount street. North Sydney, NSW 2060, Australia or by email at info@migrainestopper.com.au.
6.5 Returns will only be accepted in original condition and in original packaging together with proof of purchase. Products that have been modified or excessively handled will not be accepted as a return.
6.6 Where the Warranty Claim is accepted then Migracorr Migraine Stopper will, at its sole discretion, either repair or replace any defective Products or part thereof with a new or remanufactured equivalent during the Warranty Period at no charge to you for parts or labour. You acknowledge and agree that you will be solely liable for any postage or shipping costs incurred in facilitating the Warranty Claim.
6.7 The Warranty shall be the sole and exclusive warranty granted by Migracorr Migraine Stopper and shall be the sole and exclusive remedy available to you in addition to other rights and under a law in relation to the Products to which this warranty relates.
6.8 All implied warranties including the warranties of merchantability and fitness for use are limited to the Warranty Period.
6.9 Save for those express warranties provided in these Terms and to the maximum extent permitted by law, Migracorr Migraine Stopper does not give any other express warranty or representation of any kind in relation to any Products supplied under these Terms.
6.10 You agree that the Products are provided “as is” and specific results cannot be guaranteed. It is your sole responsibility to determine that the Product meets your needs or is otherwise suitable for the purposes for which it is used.
7. Returns and Refund Policy
7.1 All returns and refunds will be processed in accordance with the Australian Consumer Law and in accordance with these Terms.
7.2 It is your responsibility to inspect your Products on delivery. Should your Products be defective upon receipt, not match the description or are not fit for the purpose specified, Migracorr Migraine Stopper will offer a full refund, replacement or repair of the Products in accordance with its obligations under the Australian Consumer Law.
7.3 For defective merchandise, you must contact us within 14 calendar days of delivery to report any discrepancies or faults to make a claim otherwise you will be deemed to have accepted the Products. Please contact us by phone or email as follows:
Email: info@migrainestopper.com.au
7.4 You are responsible for returning the Products to Migracorr Migraine Stopper. Defective products will only be accepted for credit within 14 calendar days of the date of delivery and must be accompanied by the receipt and a reason for the return so that we can identify the transaction and assess the legitimacy of the fault. You agree that you are responsbile for any postage and shipping costs associated with any refund pursuant to this clause.
7.5 Returns will only be considered for Products in original condition and in original packaging where the Product packaging is unopened and remains in a saleable condition. Products that have been modified or excessively handled will not be accepted as a return. No credit will be allowed for Products that have been used, modified or damaged or used in a manner or purpose for which the Product was not intended.
7.6 Returns or refunds are made in our discretion subject to any guarantees that cannot be excluded under the Australian Consumer Law.
7.7 Except as required by the Australian Consumer Law, we will only facilitate a refund if we are unable to facilitate the processing of an Order or if we determine, in our discretion, that it is reasonable to do so.
8. Delivery
8.1 You must make payment for the Products in full before we will dispatch the Products.
8.2 Postage and shipping costs are at your expense. The Purchase Price on our Website for Products is not inclusive of shipping and handling charges unless otherwise depicted.
8.3 We ship within Australia and to overseas countries in our sole discretion or as listed on our Website, if any. Please contact us by email if you require shipping to a country that is not listed on our Website.
8.4 If we agree to deliver our Products outside of Australia, international delivery charges will apply. Delivery charges within Australia or for international delivery will be added to your order for our Products. By placing an order, you agree to pay the Purchase Price for our Products and the postage and shipping costs.
8.5 You acknowledge that our Products integrate delivery (the 'Delivery Services') through third-party delivery companies (the 'Delivery Service Providers').
8.6 In supplying the Products, we may provide you with a variety of delivery and insurance options offered as part of the Delivery Services. You agree that Migracorr Migraine Stopper is not the provider of these delivery and insurance options and merely facilitates your interaction with the Delivery Service Providers in respect to providing the Delivery Services.
8.7 For locations in Australia, please allow 3 to 10 calendar days for delivery by Delivery Service Providers. As a definite delivery time is outside of our control, we provide no guarantee that your Products will be delivered within 3 to 10 calendar days. For locations outside of Australia, please allow 2 to 4 weeks for delivery.
8.8 The cost of any delivery and shipping will be automatically calculated for you at checkout on our Website.
8.9 Sales tax (GST) will be applied for shipping addresses based in Australia. You will be responsible for any sales tax, customs duty or any other taxes and charges levied on the supply by any government and regulatory authority in Australia or worldwide.
8.10 You accept that any delivery or re-delivery fees you pay are non-refundable except where required by law.
8.11 You are responsible to make all arrangements necessary to take delivery for the Products otherwise Migracorr Migraine Stopper will be entitled to charge a reasonable fee in the event that redelivery is required. Some carriers may require a signature for delivery and you will be responsible to arrange for signature at the delivery premises and for collection of any notices for re-delivery or other collection arrangements. You will bear the liability of and cost for any additional charges to carry out re-delivery or multiple delivery attempts.
8.12 You are liable for any postage and shipping costs associated with a refund unless you are legally entitled to claim reasonable postage or transportation costs.
8.13 In the event that an item is lost or damaged in the course of the Delivery Services, Migracorr Migraine Stopper asks that you:
(a) contact the Delivery Service Provider directly to request a refund or to claim on any insurance options available; and
(b) contact us by sending an email to info@migrainestopper.com.au outlining in what way the Products were damaged in transit so we are able to determine if the Delivery Service Provider should be removed from the Purchase Services.
9. Copyright and Intellectual Property
9.1 The intellectual property rights in or related to the Products or any of its documentation vest in Migracorr Migraine Stopper or Migracorr Migraine Stopper has the right to use the intellectual property rights.
9.2 The material on the Website is protected by copyright under the laws of Australia and through international treaties. Unless otherwise indicated, all rights (including copyright) in the site content and compilation of the Website (including text, graphics, logos, button icons, video images, audio clips and software) (the 'Content') vest in or are licensed by Migracorr Migraine Stopper or its contributors.
9.3 Nothing you do on or in relation to the Website will transfer to you:
(a) the business name, trading name, domain name, trade mark, industrial design, patent, registered design or copyright of Migracorr Migraine Stopper; or
(b) the right to use or exploit a business name, trading name, domain name, trade mark or industrial design; or
(c) a product, system or process or material that is the subject of a patent, registered design or copyright.
The Website or any part of it (including, without limitation, any content or images) must not be copied, reproduced, adapted, publicly displayed, duplicated, translated or distributed in any way (including mirroring) to any other device, server, site or other medium for publication or distribution, without our express prior written consent.
9.4 You may not, without the prior written permission of Migracorr Migraine Stopper and the permission of any other relevant rights owners broadcast, republish, up-load to a third party, transmit, post, distribute, show or play in public, adapt or change in any way the Content.
9.5 The intellectual property in our Products including any patents, trade marks, service marks, trade names, designs or copyright and any other proprietary designations are owned, registered or licensed by us.
9.6 You must not use any of our trade marks:
(a) in or as the whole or part of your own trade marks;
(b) in connection with activities, products or services which are not ours; or
(c) in a manner which may be confusing, misleading or deceptive.
Any other trade marks, service marks, logos, trade names and any other proprietary designations are the trade marks or property of the respective parties.
9.7 Your obligations under this clause survive termination or expiry of these Terms.
10 Privacy
10.1 In these Terms, personal information has the meaning as defined in the Privacy Laws. Privacy Laws means the Privacy Act 1988 (Cth). Please refer to our Privacy Policy which is made a part of these Terms.
10.2 If you are a non-Australian user of the Website, you agree that your personal information is stored in our servers in Australia and is subject to the applicable Australian Privacy Laws. You accept that by providing us your personal information, we will deal with such personal information as set out in our Privacy Policy.
11 General Disclaimer
11.1 You acknowledge that Migracorr Migraine Stopper does not make any terms, guarantees, warranties, representations or conditions whatsoever regarding the Products other than provided in these Terms.
11.2 Migracorr Migraine Stopper will make every effort to ensure a Product is accurately depicted on the Website, however, you acknowledge that sizes, colours and packaging may differ from what is displayed on the Website.
11.3 Nothing in these Terms limits or excludes any guarantees, warranties, representations or conditions implied or imposed by law, including the Australian Consumer Law (or any liability under them) which by law may not be limited or excluded.
11.4 Subject to this clause, and to the extent permitted by law:
(a) all terms, guarantees, warranties, representations or conditions which are not expressly stated in these Terms are excluded; and
(b) Migracorr Migraine Stopper will not be liable for any special, indirect or consequential loss or damage, loss of profit or opportunity, or damage to goodwill arising out of or in connection with the Purchase Services or these Terms (including as a result of not being able to use the Purchase Services or the late supply of the Purchase Services), whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise.
11.5 Use of the Website, the Purchase Services, and any of the Products of Migracorr Migraine Stopper (including the Delivery Services), is at your own risk. Everything on Website, the Purchase Services, and the Products of Migracorr Migraine Stopper, are provided to you on an "as is" and "as available" basis, without warranty or condition of any kind, except as otherwise expressly provided in these Terms.
11.6 None of the affiliates, directors, officers, employees, agents, contributors, third party content providers or licensors of Migracorr Migraine Stopper (including any third party where the Delivery Services are made available to you) make any express or implied representation or warranty about the Products, the Purchase Services or the Content on our Website. This includes (but is not restricted to) loss or damage you might suffer as a result of any of the following:
(a) failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, computer virus or other harmful component, loss of data, communication line failure, unlawful third-party conduct, or theft, destruction, alteration or unauthorised access to records;
(b) the accuracy, suitability or currency of any information on the Website including any Content or the Products and Purchase Services or otherwise any related products (including third party material and advertisements on the Website);
(c) costs incurred as a result of you using the Website, the Purchase Services or any of the Products;
(d) the Content or operation in respect to Website links which are provided for the User's convenience;
(e) any failure to complete a transaction, or any loss arising from e-commerce transacted on the Website; or
(f) any defamatory, threatening, offensive or unlawful conduct of third parties or publication of any materials relating to or constituting such conduct.
12. Limitation of Liability
12.1 Migracorr Migraine Stopper's total liability arising out of or in connection with the Purchase Services or these Terms, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the most recent Purchase Price paid by you under these Terms or where you have not paid the Purchase, then the total liability of Migracorr Migraine Stopper is the resupply of the Purchase Services to you.
12.2 You expressly understand and agree that Migracorr Migraine Stopper, its affiliates, employees, agents, contributors, third party content providers and licensors shall not be liable to you for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you, however caused and under any theory of liability. This shall include, but is not limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation and any other intangible loss.
12.3 This exclusion of liability includes without limitation:
(a) the completeness, truth, suitability, quality or accuracy of the information or Products descriptions published on our Website (including third-party material and advertisements);
(b) that the information on the Website is up to date; or
(c) any of the Products on the Website will remain available.
You accept that we take no responsibility for any error or omission relating to the Content on the Website.
12.4 These Terms are to be read subject to any legislation that prohibits or restricts the exclusion, restriction or modification of any implied warranties, conditions, guarantees or obligations. If such legislation applies, to the extent possible we limit our liability as follows, at our option:
(a) for any claims relating to these Terms, to the Purchase Price of the Products;
(b) in the case of products including any digital products (a) the replacement of the products or the supply of equivalent products; (b) the repair of the products; (c) the payment of the cost of replacing the products or of acquiring equivalent products; or (d) the payment of having the products repaired; or
(c) in the case of services, the supply of the services again or the payment of the cost of having the services supplied again.
12.5 Migracorr Migraine Stopper is not responsible or liable in any manner for any site content (including the Content and third-party content) posted on the Website or in connection with the Purchase Services, whether posted or caused by users of the Website of Migracorr Migraine Stopper or by third parties.
12.6 You acknowledge that Migracorr Migraine Stopper does not provide the Delivery Services to you and you agree that Migracorr Migraine Stopper will not be liable to you for any special, indirect or consequential loss or damage, loss of profit or opportunity, or damage to goodwill arising out of or in connection with the Delivery Services.
12. Termination of Contract
12.1 The Terms will continue to apply until terminated by either you or by Migracorr Migraine Stopper as set out below.
12.2 If you want to terminate the Terms, you may do so by:
(a) notifying Migracorr Migraine Stopper at any time; or
(b) by closing your Member Account where Migracorr Migraine Stopper has made this option available to you.
Your notice should be sent, in writing, to Migracorr Migraine Stopper via the 'Contact Us' link on our homepage.
12.3 Migracorr Migraine Stopper may at any time, terminate the Terms with you if:
(a) you have breached any provision of the Terms;
(b) Migracorr Migraine Stopper is required to do so by law;
(c) Migracorr Migraine Stopper is transitioning to no longer providing the Purchase Services to Users in the country in which you are resident or from which you use the Purchase Service; or
(d) the provision of the Purchase Services to you by Migracorr Migraine Stopper is, in the opinion of Migracorr Migraine Stopper, no longer commercially viable.
12.4 Subject to local applicable laws, Migracorr Migraine Stopper reserves the right to discontinue or cancel your membership to the Website at any time and may suspend or deny, in its sole discretion, your access to all or any portion of the Website or the Purchase Services without notice if you breach any provision of the Terms or any applicable law or if your conduct impacts Migracorr Migraine Stopper's name or reputation or violates the rights of those of another party.
12.5 When the Terms come to an end, all of the legal rights, obligations and liabilities that you and Migracorr Migraine Stopper have benefited from, been subject to (or which have accrued over time whilst the Terms have been in force) or which are expressed to continue indefinitely, shall be unaffected by this cessation, and the provisions of this clause shall continue to apply to such rights, obligations and liabilities indefinitely.
13. Indemnity
13.1 You agree to indemnify Migracorr Migraine Stopper, its affiliates, employees, agents, contributors, third party content providers and licensors from and against:
(a) all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) incurred, suffered or arising out of or in connection with any Content you post through the Website;
(b) any direct or indirect consequences of you accessing, using or transacting on the Website or attempts to do so and any breach by you or your agents of these Terms; and/or
(c) any breach of the Terms.
14. Dispute Resolution
14.1 Compulsory process. A Party must not start arbitration or court proceedings (except proceedings seeking interlocutory relief) in respect of a dispute arising out of these Terms (Dispute) unless it has complied with this clause.
14.2 Notification. A Party claiming that a Dispute has arisen must notify each other Party to the Dispute giving details of the Dispute.
14.3 Initial period – efforts to resolve Dispute. During the 30-calendar day period after a notice is given (or longer period agreed in writing by the Parties to the Dispute) (Initial Period) each Party to the Dispute (Disputant) covenants with the other to cooperate and take all reasonable steps necessary to attempt to resolve the Dispute.
14.4 Mediation. If the Disputants are unable to resolve the Dispute within the Initial Period, each Disputant agrees that the Dispute shall be referred for mediation, at the request of any Disputant, to:
(a) a mediator agreed on by the Disputants; or
(b) if the Disputants are unable to agree on a mediator within seven days after the end of the Initial Period, then the Disputants must submit the Dispute for mediation through the Chair of Resolution Institute (ACN 008 651 232) or the Chair’s designated representative and the Resolution Institute Mediation Rules shall apply to the mediation.
14.5 Role of mediator. The role of any mediator is to assist in negotiating a resolution of the Dispute. A mediator may not make a decision that is binding on a Disputant unless that Disputant has so agreed in writing.
14.6 Information. Any information or documents disclosed by a Disputant under this clause must be kept confidential and may not be used except to attempt to resolve the Dispute.
14.7 Costs of mediation. Each Disputant must pay its own costs of complying with this clause. The Disputants must pay equally the costs of any mediator engaged.
14.8 Location, timing and attendance. The mediation will be held in Sydney, Australia, within 30 days after expiry of the Initial Period. Each Disputant agrees to attend the mediation by a representative having full authority to resolve the dispute. At the mediation each Disputant may be represented by one or more legal representative
14.9 Failure to resolve. If the dispute fails to resolve at mediation or if one of the Disputants fails or refuses to attend the mediation, the mediator will be requested to inform each Disputant in writing that the mediation has been terminated without resolution (Mediation Termination Notice). Upon receipt of Mediation Termination Notice, the dispute resolution process will be terminated. A party to a dispute will only be entitled to pursue other remedies available to it at law or otherwise, after receipt of Mediation Termination Notice.
14.10 Confidentiality. All communications concerning negotiations made by the Disputants arising out of and in connection with this dispute resolution clause are confidential and to the extent possible, must be treated as “without prejudice” negotiations for the purpose of applicable law of evidence.
15. Venue and Jurisdiction.
The Purchase Services offered by Migracorr Migraine Stopper is intended to be viewed by residents of Australia. In the event of any dispute arising out of or in relation to the Website, you agree that the exclusive venue for resolving any dispute shall be in the courts of New South Wales, Australia including if you are resident outside of Australia.
16. Governing Law
The Terms are governed by the laws of New South Wales, Australia. Any dispute, controversy, proceeding or claim of whatever nature arising out of or in any way relating to the Terms and the rights created hereby shall be governed, interpreted and construed by, under and pursuant to the laws of New South Wales, Australia, without reference to conflict of law principles, notwithstanding mandatory rules. The validity of this governing law clause is not contested. The Terms shall be binding to the benefit of the parties hereto and their successors and assigns.
17. Independent Legal Advice
Both parties confirm and declare that the provisions of the Terms are fair and reasonable and both parties having taken the opportunity to obtain independent legal advice and declare the Terms are not against public policy on the grounds of inequality or bargaining power or general grounds of restraint of trade.
18. Severance
If any part of these Terms is found to be void or unenforceable by a Court of competent jurisdiction, that part shall be severed, and the rest of the Terms shall remain in force.
19. Waiver
The failure of Migracorr Migraine Stopper to exercise or enforce any right or provision under these Terms shall not constitute a waiver of such right or provision.
20. Force Majeure
We accept no liability for any delay or failure to perform our obligations under these Terms if such a delay or failure is due to circumstances beyond our reasonable control.
21. Trade Marks
The trade marks used on the Website are a trade mark or registered trade mark of Migracorr Migraine Stopper or licensed by Migracorr Migraine Stopper (the ‘Trade Marks’). You must not use the Trade Marks: (a) in or as the whole or part of your own trademarks; (b) in connection with any business, products or services which are not ours; (c) in a manner which may be confusing, misleading or deceptive to any person; or (d) in a manner that disparages us, the Purchase Services, or the Website.
22. Advertising and Links
The Website may contain links and other pointers to Internet websites or applications operated by third parties. We do not control these linked websites and are not responsible for the contents of any linked website. The links are provided solely for your convenience and do not indicate, expressly or impliedly, any endorsement by us of the site or the products or services provided at those sites. Your access to any such website is entirely at your own risk. You should contact the relevant third-party directly to enquire on that information prior to entering into a transaction in relation to the third-party products and services.
23. Feedback and Social Media
23.1 Your feedback is important to us. We welcome and encourage you to provide feedback, images, photos, reviews, comments and suggestions for improvements (collectively "Material") to our Website and our Products. You may submit Material by emailing us at info@migrainestopper.com.au.
23.2 Our Website may connect to or may be related to various social media platforms such. Facebook, Twitter, Pinterest, Instagram, YouTube and various blogs (collectively ‘Social Media Platforms’). The terms, conditions and policies that apply to the Social Media Platforms also apply to the Migracorr Migraine Stopper accounts that the Social Media Platforms host. You should familiarise yourself with the terms, conditions and policies of the Social Media Platforms before you participate in them.
23.3 We reserve the right to remove or disable access to a Member’s participation in our Social Media Platform in our sole discretion without notice including for:
intellectual property infringement;
defamatory, unlawful, hateful, offensive, threatening, harassing or otherwise objectionable participation;
illegal or unauthorised actions including for commercial advertisements or other forms of solicitation or collecting email addresses;
participation that is not in compliance with all applicable laws and regulations or the terms, conditions and policies of the applicable Social Media Platforms.
23.4 You grant to us a royalty-free irrevocable license to use your Material on our Website or on Social Media Platforms for advertising, promotional and review purposes.
23.5 When you interact with any Migracorr Migraine Stopper page or account on these Social Media Platforms, we may collect personal information that you make available to us on that page or account subject to Migracorr Migraine Stopper complying with its Privacy Policy and the privacy policies of the corresponding Social Media Platforms.
24. Public Statements
You must not release to the public any news release, advertising material, promotional material or any other form of publicity relating to Migracorr Migraine Stopper without our prior written permission.
25. Our Details
25.1 This Website is owned and operated by Migracorr Migraine Stopper Pty Ltd (ACN 607 217 327).
25.2 Our principal place of business is at Suite 203/83 Mount street. North Sydney, NSW 2060, Australia.
25.3 You can contact us:
(a) by post, using the postal address given above;
(b) by telephone, on the contact number published on our Website from time to time;
(c) by email, using the email address published on our Website from time to time.
© 2018 Migracorr Migraine Stopper Pty Ltd. All Rights Reserved.