Terms and Conditions
1. About this website
These Mirabel Website Terms of Use apply to the those parts of the website owned and operated by the Mirabel Foundation Inc (ABN 22 926 759 458) (Mirabel Foundation) which are under the sub-domain “mirabel.org.au” (the Mirabel Website).
Your use of the information, graphics, text, software and materials (Content) on the Mirabel Website is governed by these Terms of Use and by using the Mirabel Website you agree to be bound by these Terms of Use.
In addition to the provisions of these Mirabel Website Terms of Use, there may also be specific and additional terms that apply to certain sections of the Mirabel Website. Because those specific and additional provisions also apply to your use of those sections, we recommend that you review them wherever they appear. In the event of any inconsistency between the provisions of these Terms of Use and those other specific and additional provisions, the specific and additional provisions will prevail.
2. Australian residents only
The information contained within the Mirabel Website is intended for Australian residents only and is not intended for use by any person who is a resident of any other country as the Content or these Terms of Use may not comply with non-Australian laws. References to currency are in Australian dollars unless otherwise specified.
3. Links to other websites
The Mirabel Website may contain links to third party websites. The Mirabel Foundation does not sponsor or endorse the operators or content of any linked websites. Subject to any applicable law which cannot be excluded, The Mirabel Foundation makes no warranties or representations:
regarding the quality, accuracy, merchantability or fitness for purpose of any linked websites, material or products or services; or
that material on linked websites does not infringe the intellectual property rights of any person. By linking to those websites, The Mirabel Foundation is not authorising the reproduction of material on linked websites.
4. Information available at the Mirabel Website
The Mirabel Website provides general information about The Mirabel Foundation and The Mirabel Foundation’s various programs, services and activities.
In addition, the Mirabel Website may from time to time contain or make available various message services, email lists, mailout or newsletter services, or other tools and facilities which may be of use to you. Whilst The Mirabel Foundation has made every effort to ensure that any such features are accurate and free from defect, The Mirabel Foundation does not warrant the accuracy, correctness or completeness of these features, which are provided on an “as is” basis.
5. Ordering goods
Content relating to goods available for ordering may be based on information provided by third parties such as the suppliers of those goods. While we aim to ensure that information is kept current and correct, there may be some instances where goods ordered differ in a minor degree from their descriptions. Any graphics, photos, or illustrations used in relation to goods available for ordering on the Mirabel Website may not be fully representative of the goods described and should be used as a guide only.
By placing any order for goods in the manner described on the Mirabel Website, you make an offer to purchase the goods for the price specified on the Mirabel Website at the time you place the order (Offer). We may, in our sole and absolute discretion, accept or reject any Offer made by you for any reason, including, without limitation, the unavailability of the goods, an error in the price or the goods description posted on the Mirabel Website, or an error in your Offer. We do not accept orders for delivery outside mainland Australia or Tasmania.
Cancellations are accepted only if your order has not been dispatched. Please contact us if you wish to cancel your order.
Prices for goods displayed on the Mirabel Website may change at any time at our sole discretion. You must pay to us the price for the goods that is displayed on the Mirabel Website at the time you place an order, plus any applicable delivery and handling charges. Payment must be made with your order. If an item you have ordered is out of stock, we will contact you to discuss your options.
Title to the goods shall pass to you on the physical delivery of the goods to the address identified by you in your order. Risk of loss or damage to the goods shall pass to you when the goods are passed from us to our delivery provider for delivery to you. We do not insure orders, so we recommend that you nominate a secure delivery address.
Any delivery period stated on the Mirabel Website is an indication only of the anticipated period for delivery of the goods, and does not form part of the agreement for sale of the goods.
In addition to your rights at law, if you are not 100% happy with a Mirabel Foundation-branded clothing item you have ordered so if it doesn’t fit or isn’t what you expected we ask you to contact us within 10 days of receipt. We will be happy to provide a credit or exchange (excluding delivery charges) if the item is returned as new with tags and in the same condition that it was sold. Please include the original order confirmation.
6. Availability of the Mirabel Website
As electronic services are subject to interruption or breakdown, access to the Mirabel Website is offered on an “as is” and “as available” basis. The Mirabel Foundation may withdraw the Mirabel Website at any time and without notice to you.
7. User conduct
You are responsible for all of your activity in connection with accessing the Mirabel Website. Any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of your access to the Mirabel Website. You may not post or transmit, or cause to be posted or transmitted, any communication or solicitation designed or intended to obtain personal information from any Website user.
If you access any personal information about other individuals through the Mirabel Website, you must keep that information confidential unless you have their consent.
If we issue you with a password that permits you to access certain parts of the Mirabel Website, you are solely responsible for any use of the Mirabel Website through such access, whether authorised or not.
You must comply with all applicable local, state, national and international laws and regulations that relate to your use of or activities on the Mirabel Website. We reserve the right to report potentially criminal activity to appropriate law enforcement agencies.
8. Privacy
We may collect, use and disclose your personal information for purposes including:
to fulfil orders, process and record donations and provide receipts;
to respond to your requests;
unless you opt out or we are prohibited by law – to contact you about The Mirabel Foundation, our activities and to provide our newsletters, reports, invitations and requests for support; and
research, internal reviews, analysis and production of consolidated statistics.
We may not be able to do these things without your personal information. For example, we may not be able to contact you, fulfil orders or issue receipts.
Many of our tasks are performed with the assistance of our contractors and volunteers, and we may share some or all of your personal information with them. We may also outsource certain tasks involving your personal information to third party service providers, including organisations that provide archival, research, mail and delivery, auditing, consulting, security or technology services.
Please contact us if you wish to access any personal information we may hold about you. We will let you know our reasons if we cannot provide access to, for example if we are not required by law to do so.
If you visit the Mirabel Website to read, browse or download information, our system may record information such as the date and time of your visit to the Mirabel Website, the pages accessed and any information downloaded. This information is used for statistical, reporting and website administration and maintenance purposes only.
Like many websites, the Mirabel Website may use “cookies” from time to time. Cookies are small text files that we transfer to your computer’s hard drive through your web browser to enable our systems to recognise your browser. Cookies may also be used to record non-personal information such as the date, time or duration of your visit, or the pages accessed, for website administration, statistical and maintenance purposes. Any such information will be aggregated and not linked to particular individuals. The default settings of browsers like Internet Explorer always allow cookies, but users can easily erase cookies from their hard-drive, block all cookies, or receive a warning before a cookie is stored. Please note that some parts of the Mirabel Website may not function fully for users that disallow cookies.
9. Termination and suspension
We reserve the right, without notice and in our sole and absolute discretion, to discontinue, suspend or terminate any service offered by or through the Mirabel Website as well as the Mirabel Website at any time. For example, if your server is involved in any attack on any computer system, either with or without your knowledge or complicity, that server may be blocked or its access to the Mirabel Website may be shut down or restricted while the problem is being investigated or fixed. All provisions of these Terms of Use which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, disclaimers, indemnities and limitations of liability.
10. Warranties
While we have made every effort to ensure that the Content is free from error, The Mirabel Foundation does not guarantee or warrant the accuracy, adequacy or completeness of Content on the Mirabel Website. All Content is provided on an “as is” basis and without guarantees or warranties of any kind, either express or implied. All terms implied by law, except those that can not be lawfully excluded, are excluded. All Content is subject to change without notice. The Mirabel Foundation does not warrant that the Mirabel Website or any linked websites will be free from viruses or defects.
11. Limitation of Liability
Subject to any responsibilities implied by law and which cannot be excluded, The Mirabel Foundation, and its directors, employees, agents and contractors, are not liable to you for any losses, damages, liabilities, claims and expenses (including but not limited to legal costs and defence or settlement costs) whatsoever, whether direct, indirect or consequential, arising out of or referable to any Content on the Mirabel Website, to any material on linked websites, or to access or use of the Mirabel Website by you, howsoever caused, whether in contract, tort including negligence, statute or otherwise.
If a jurisdiction allows liability to be limited but not excluded, our total liability is limited to the maximum extent possible. For example, under the Trade Practices Act 1974 in Australia, our liability for any breach of a condition or warranty that is implied by law and cannot be excluded is limited to the extent possible to us doing any one or more of the following (at our election):
resupplying goods or services to you or supplying equivalent goods;
repairing the goods; or
paying the cost of having the goods or services resupplied or goods repaired.
Nothing in these terms and conditions is intended to exclude, restrict or modify rights which you may have under the Trade Practices Act or any other legislation which may not be excluded, restricted or modified by agreement.
12. Indemnity
You indemnify The Mirabel Foundation in respect of any liability incurred by The Mirabel Foundation for any loss or damage, howsoever caused, suffered by The Mirabel Foundation as a result of your breach of these Terms of Use or your use of the Mirabel Website.
13. Copyright and trade marks
Copyright in the Content on the Mirabel Website is owned or licensed by The Mirabel Foundation, unless indicated otherwise. Except where necessary for viewing the Content on this website or your browser, or as permitted under the Copyright Act 1968 (Cth) or other applicable laws or these Terms of Use, no Content on the Mirabel Website may be reproduced, adapted, uploaded to a third party, linked to, framed, performed in public, distributed or transmitted in any form by any process without the prior written consent of The Mirabel Foundation or our licensor(s) (as appropriate).
Trade marks used on the Mirabel Website are owned by The Mirabel Foundation or third parties. You must not use any trade marks used on the Mirabel Website without the consent of the trade mark owner.
14. Acceptance and changes to these Terms of Use
You acknowledge and accept that your use of the Mirabel Website indicates your acceptance of these Terms of Use. The Mirabel Foundation may at any time vary the Terms of Use by publishing the varied Terms of Use on the Mirabel Website. You accept that by doing this, The Mirabel Foundation has provided you with sufficient notice of the variation.
15. Jurisdiction
The law applicable to the Mirabel Website and to disputes arising out of the Mirabel Website is the law of the State of Victoria, Australia.
16. Complaints
Mirabel is committed to continually improving and evolving our organisation. We view complaints in a positive manner as a way to improve and find a solution. In particular, as a children’s charity, we take safeguarding children extremely seriously. If you have any
concerns about a child’s safety, we urge you to tell us about it immediately so that appropriate action can be taken.
What to do if you have a complaint
The easiest way for you to provide feedback or make a complaint is to raise your concerns in person or by phone to a Mirabel supervisor or the CEO on 03 9527 9422. Alternatively, complaints can be emailed to mirabel@mirabel.org.au or sent to:
Attention: CEO
The Mirabel Foundation
PO Box 1320
St Kilda South 3182
What we will do on receiving your complaint
We’ll listen, record your complaint and advise you how it will be handled.
We’ll investigate whenever necessary and do so in a timely manner.
We’ll take action to resolve the problem and tell you what that action is.
We’ll take steps to avoid a repeat occurrence.
At all times we will treat you with understanding and respect. We ask that you will do
the same.Confidential information in relation to your complaint will be handled sensitively.