Terms and Conditions

Terms and Conditions
General Disclaimer
1.1. This website is owned and operated by Mirabile Pty Ltd ACN 639 862 918.
1.2. Mirabile is not liable to you or anyone else for any loss suffered in connection with the use of this Website or a linked website.
1.3. This general disclaimer is not restricted or modified by any of the following specific warnings and disclaimers.

Site Access
2.1. This Website is the intellectual property of Mirabile Pty Ltd and is subject to copyright.
2.2. Mirabile grants you a limited, revocable and non-exclusive license for the purpose of assessing its Website for the purpose of you browsing, reviewing, or commenting on the content of the Website, and for the purpose of connecting through specific Supplier portals and links to purchase products or services.
2.3. Other than for the purpose of and subject to the conditions prescribed under the Copyright Law of Australia and similar statues that apply in your location, you may not, in any form or by any means: adapt, reproduce, broadcast, decompile, disassemble, download, copy, store, distribute, transmit, print, display, perform, publish or create derivative works from any part of this Website; or commercialise any information, products or services obtained from any part of this Website, without the written permission of Mirabile
2.4. You must not conduct, or participate in, the resale or commercial exploitation of the Website and any of its contents for any purpose, unless you are an Authorised Representative.

Copyright and Trade Marks
3.1. Other names of Mirabile products and services referred to in this Website are the intellectual property of Mirabile Pty Ltd and subject to common law copyright.
3.2. Other product and company names mentioned in this Website may be the trade marks of other people or entities.
3.3. You must not use any of copyright or trade marks: in or as the whole or part of your own or other trade marks;
in connection with activities, products or services other than those supplied by the suppliers and by Mirabile Pty Ltd in a manner which may be confusing, misleading or deceptive; and in a manner that disparages Mirabile Pty Ltd, or its information, products or services including this Website.

Hyperlinks, Framing and Metatags
4.1. Mirabile Pty Ltd grants you a limited, revocable and non-exclusive right to create a hyperlink to the homepage of the Website.
4.2. The hyperlink you create must not portray the Website in a misleading, derogatory or offensive manner.
4.3. In creating the hyperlink, you must not use any image, logo or trademark on the Website without Mirabile Pty Ltd express consent and then only in the format supplied by Mirabile Pty Ltd applicable to the style guide.
4.4. Where the Website offers a hyperlink to another website (Linked Site), you acknowledge and agree that:
Mirabile Pty Ltd has made no representation or warranties whatsoever regarding the Linked Site or any of it content; Mirabile Pty Ltd has made no representations or warranties and accepts no responsibility for the accuracy, completeness, content or use of the information accessible via this Website or any Linked Site;
Mirabile Pty Ltd is not responsible for any information or opinions published on any Linked Site; and
in no event will Mirabile Pty Ltd be liable to any party for any direct, indirect, special or other consequential damages from any use of this Website, or on any other linked Site, including without limitation, any loss of profits, business interruption, loss of programs or other data on your information handling system or otherwise, even if Mirabile Pty Ltd is expressly advised of the possibility of such damages.
4.5. By accessing the Linked Site through a hyperlink on the Website, you warrant to Mirabile Pty Ltd that you have made your own inquiries and satisfied yourself regarding the suitability, reliability, security and other relevant matters regarding the Linked Site or its content and you release Mirabile Pty Ltd and hold Mirabile Pty Ltd harmless against all damage or loss that you suffer as a result of accessing the Linked Site.
4.6. Subject to clause 4.1, you must not, without the written consent of Mirabile Pty Ltd:
frame or use framing techniques to enclose any part of the Website;
use any metatags or similar tags that contain Mirabile Pty Ltd name or any of its trademarks; or
create a hyperlink to the Website.

Articles on the Website
5.1. Where the Website, particularly articles within the Website, contains any information, tables, photographs or any other material obtained from a third party source, whether it is specified to have been obtained from the third party or not (Third Party Information):
Mirabile Pty Ltd makes no representation or warranties whatsoever regarding the content of the Third Party Information;
Mirabile Pty Ltd makes no representations or warranties and accepts no responsibility for the accuracy, completeness, content or use of the information contained in any Third Party Information; and
Mirabile Pty Ltd in no event will be held liable to any party for any direct, indirect, special or other consequential damages from any use or reliance on any Third Party Information contained on the Website.
5.2. Mirabile Pty Ltd is not liable to you or anyone else for any loss suffered in connection with any Third Party Information posted.
5.3. If you believe any Third Party Information to be inaccurate, incomplete or out of date, defamatory, infringing intellectual property rights or generally injurious to you or any party, you should contact Mirabile Pty Ltd via the contact form contained in the website.

Comments
6.1. You may post reviews, comments and other comments on the Website or submit suggestions, ideas, comments, questions or other information to Mirabile Pty Ltd from time to time, by utilising the contact form.
6.2. The content of your contacts must not be illegal, obscene, threatening, defamatory, invasive of privacy, infringing intellectual property rights or otherwise injurious to third parties and must not consist of or contain any computer viruses, political campaign messages, commercial solicitation; chain letters, mass mailings, or any form of SPAM.
6.3. When submitting a contact, you must not use an email address that you do not own or control, impersonate any other person or entity, or otherwise be misleading as to the origin of the contact.
6.4. Where you submit a contract, you expressly grant Mirabile Pty Ltd a nonexclusive, royalty-free, perpetual, irrevocable and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute and display such content throughout the world in any media.
6.5. You will indemnify Mirabile Pty Ltd and keep Mirabile Pty Ltd indemnified against all claims, damages, loss or injury as a result of you breaching any: warranties contemplated by clause 6.5; warranties contemplated by clause 6.5; or other of these Terms and Conditions of Use.

Advertisement and other third party postings
7.1. Mirabile Pty Ltd may from time to time allow third parties to post advertisement, reviews, hyperlink or other information on the Website (Third Party Listings).
7.2. You acknowledge and agree that Mirabile Pty Ltd is not obligated to monitor or verify information on the Third Party Listings.
7.3. Nothing in these Terms and Conditions of Use and nothing that Mirabile Pty Ltd may say and do can be construed as endorsing the content of (or part of) any Third Party Listings.
7.4. Where the content of any Third Party Listing is inaccurate, incomplete or out of date, defamatory, infringing intellectual property rights or generally injurious to you or any party, and you suffer a damage or loss as a result, then to the extent permitted by law, you release and hold Mirabile Pty Ltd harmless against such damage or loss.

Exclusion of Warranties
8.1. To the extent permitted by applicable law, all representations, warranties and other terms are excluded other than as required by law. You must ensure that your access to this Website is not illegal or prohibited by laws which apply to you or in your location.
8.2. Mirabile Pty Ltd is not liable to you or anyone else if interference with or damage to your computer systems occurs in connection with use of this Website or a Linked Site.
8.3. You must take your own precautions to ensure that anything you view or download from the Website is free of viruses or anything else that may interfere with or damage the operations of your computer systems.
Limitation of Liability of Mirabile Pty Ltd

Liability

9.1. Mirabile Pty Ltd will use reasonable endeavours to ensure that all information on the Website is accurate and will correct any errors or omissions as soon as practicable after being notified of them.
9.2. To the extent permitted by law, Mirabile Pty Ltd disclaims all warranties and representations (whether express or implied) as to the accuracy of any information contained on the Website.
9.3. You acknowledge and agree that:
any liability Mirabile Pty Ltd may have for any losses or claims arising from an inability to access the Website, or from any use of the Website or reliance on the data transmitted using the Website, is excluded to the fullest extent permissible by law; and
in no event will Mirabile Pty Ltd be liable for any loss of profit, revenues, goodwill, opportunity, business, anticipated savings or other indirect or consequential loss of any kind in contract, tort (including negligence) or otherwise arising out of use of the Website.

Indemnity
10.1. Without limiting the operation of any other provisions of these Terms and Conditions of Use, you agree to indemnify Mirabile Pty Ltd and keep Mirabile Pty Ltd indemnified, holding Mirabile Pty Ltd harmless from all claims, demand, damages or loss (including legal costs on a full indemnity basis) incurred by Mirabile Pty Ltd as a result of, or flows naturally from, your breach of these Terms and Conditions of Use including without limitation the breach of any warranties.

Applicable Law
11.1. These Terms and Conditions of Use are governed by the laws of Queensland, Australia and in any disputes between you and Mirabile Pty Ltd, you agree to submit to the exclusive jurisdiction of the courts of Queensland, Australia.

Severability
12.1. If any part of these Terms and Conditions of Use is or becomes legally ineffective, invalid or unenforceable, the effectiveness, validity or enforceability of the remainder will not be affected.

Register for chance to Win Terms and Conditions

* Terms and conditions of Entry:
1. The Promoter is Mirabile Pty Ltd ACN 639 862 918, Level 2, 52 McDougal Street, Milton, QLD 4064
2. The Register for chance to Win Competition (the Promotion) commences at 9:00 AEST on 01/09/2020 and entries close at 23:59 AEST on the 31/10/2020 (the Promotional Period).
3. By entering the Promotion, entrants accepts these Terms & Conditions of Entry.
4. Entry to the Promotion is open to all Australian residents over 18 years of age.
5. Employees and their immediate families of the Promoter and any company associated with the Promotion are ineligible to enter.
6. To enter, each eligible entrant must, during the Promotional Period, complete a valid registration via Mirabile or a Mirabile white labelled website. The entry must be received by the Promoter by 23:59 AEST on the specified entry closing date.
7. There is no cost to enter the Promotion.
8. Each eligible entrant will only receive ONE entry into the Promotion (regardless of how many entries he/she completes).
9. The random prize draw will take place at 10:00 AEST on the 1st October 2020 (“the Draw Date”) at Level 2, 52 McDougal Street, Milton, QLD 4064. The Winners will be notified by phone and/or email within two (2) business days of the Draw Date.
10. The Winner’s details will be published on Mirabile Social Media and on the Website on the 1/10/2020 (and remain published for at least 30 days).
11. The Prizes to be won are:

TDR 26″ Black 250W 36V/10AH Electric Bike – Step-Over Pedal-Assist Ebike B-Bike

Kogan 50″ Smart HDR 4K UHD LED TV Android TV™ (Series 9, XU9220)

$500 voucher for University Book Store or Booktopia

Atlas 14.1″ N550 Laptop (8GB)

ThermoBlend Elite All-in-One Food Processor & Cooker

12. The competition is a game of random chance. The prize draw will be a random selection from all valid entries received during the Promotional
Period.
13. Unless expressly stated, all other expenses become the responsibility of the winner.
14. If any Prize is unavailable, for whatever reason, the Promoter reserves the right to substitute the Prize for a prize of equal or greater value,
subject to state regulations.
15. Independent financial advice should be sought as tax implications may arise as a result of accepting the Prize.
16. If, for any reason, the winner does not take the Prize or an element of the Prize by the time stipulated by the Promoter, then the Prize or that
element of the Prize will be forfeited.
17. If there are any unclaimed or un-awarded prizes a prize redraw will be conducted 3o days after original draw date (the Redraw Date) at the same time and place as the original draw. If a winner is drawn they will be notified by phone and/or email within two (2) business days of the Redraw Date.

18. The Winner agrees to the use of their name and entry for publicity and promotion purposes, without compensation.
19. The Promoter shall not be liable for any loss or damage whatsoever which is suffered (including but not limited to indirect or consequential
loss) or for any personal injury suffered or sustained in connection with the Prize except for any liability which cannot be excluded by law.
20. As a condition of accepting the Prize, the Winner must sign any legal documentation as and in the form required by the Promoter and/or prize suppliers in their absolute discretion, including but not limited to a legal release and indemnity form.
21. The Prize is not redeemable for cash, credit or product and no exchanges are offered. The Promoter accepts no responsibility for any variation
in the value of the Prize (or part thereof).
22. The Promoter, their associated agencies and companies associated with this Promotion (including prize suppliers) take no responsibility for for prizes lost or damaged in transit and the Promoter will not be responsible for any delay in delivery, damage to or loss in transit of the Prize.
23. Each entrant’s personal information (“PI”) is collected to enable the Promoter to administer and promote the Promotion. The PI of the Entrants are utilised as per the terms and conditions of Mirabile Pty Ltd. Entrants who fail to provide all requested PI, may be determined by the Promoter, at its sole discretion, to be ineligible to win the Prize. Errors and omissions may be accepted at the Promoter’s discretion. Failure by the Promoter to enforce any of its rights at any stage does not constitute a waiver of those rights. Entrants may direct any request to access their personal information to the Promoter.
24. By entering, each entrant agrees that the Promoter may use any PI disclosed, in any media for future promotional, marketing and publicity
purposes without any further reference, payment or other compensation to the entrant, including sending the entrant electronic messages.
25. The Promoter assumes no responsibility for any error, omission, interruption, corruption, deletion, defect, delay in operation or transmission,
communications line failure, theft or destruction or unauthorised access to, or alteration of, entries. The Promoter is not responsible for any
problems or technical malfunction of any telephone network or lines, computer networks and systems, servers, or providers, computer
equipment, software, failure of any e-mail or entry to be received by the Promoter on account of technical problems or traffic congestion on the
Internet or at any web site, or any combination of them, including any injury or damage to any entrant’s or any other person’s computer related
to or resulting from participation or downloading any materials in this Competition.
26. The laws of Queensland govern the Promotion.
27. The Promoter reserves the right in its sole discretion to disqualify any individual who the Promoter has reason to believe has breached any of
these conditions, or engaged in any unlawful or other improper misconduct calculated to jeopardize the fair and proper conduct of the
Promotion. The Promoter’s legal rights to recover damages or other compensation from such an offender are reserved.
28. If for any reason the Promotion is not capable of running as planned, including due to infection by computer virus, bugs, tampering,
unauthorised intervention, fraud, technical failures or any other causes beyond the control of the Promoter, which corrupt or affect the
administration security, fairness or integrity or proper conduct of this competition, the Promoter reserves the right in its sole discretion to
disqualify any individual who tampers with the entry process or to cancel, terminate, modify or suspend the Promotion, subject to state
regulations.

29. In the case of the intervention of any outside agent or event which naturally changes the result or prevents or hinders its determination,
including but not limited to vandalism, power failures, tempests, natural disasters, acts of God, civil unrest, strikes; the Promoter may in its
absolute discretion cancel the Promotion and recommence it from the start on the same conditions at a later date, subject to state regulations.
30. Please allow up to 21 days for delivery of the Prize from the Draw Date.  The Promoter and Prize suppliers will take no
responsibility for damage to or loss in transit of the Prize.

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