Terms of Service

OVERVIEW 

Welcome to Miteri Mart. This website is operated by Miteri Mart, based in Brisbane, Queensland. Throughout the site, the terms “we”, “us” and “our” refer to Miteri Mart. We provide this website, including all tools, services, and information available from it, on the condition that you, the user, accept and agree to the terms and policies stated here. 

By accessing our website and/or purchasing products or services from us, you are engaging in our “Service” and agree to be legally bound by the following Terms of Service (“Terms”), including any additional terms, policies, and conditions referenced herein and/or available by hyperlink. These Terms apply to all users of the site, including but not limited to browsers, customers, merchants, suppliers, and content contributors. 

Please read these Terms carefully before using our website. If you do not agree to these Terms, you must not access the website or use any of our services. Your continued use of the site constitutes acceptance of any revised or updated terms. 

Any new features, tools, or services added to the current platform will also be governed by these Terms. The most recent version of the Terms of Service will always be available on this page. We reserve the right to update, change, or replace any part of these Terms at any time by publishing such revisions to our website. It is the responsibility of the user to periodically review this page for any updates. By continuing to use the website following the publication of any amendments constitutes acceptance of those changes. 

Nothing in these Terms limits or excludes your rights under the Australian Consumer Law or the Fair Trading Act 1989 (Qld). 

SECTION 1 – ONLINE STORE TERMS 

By using our website and/or services, you confirm that you are at least 18 years of age, or the legal age of majority in your state or territory of residence. If you are under the age of majority, you may only use this website under the supervision and with the consent of a parent or legal guardian. 

You agree not to use our products or services for any unlawful or unauthorized purposes, including but not limited to violations of copyright or other intellectual property laws applicable in your jurisdiction. 

You must not upload, transmit, or distribute any viruses, worms, malware, or other malicious code. 

Any breach of these terms may result in the immediate suspension or termination of your access to the Services, without prejudice to any other legal remedies available to us. 

SECTION 2 – GENERAL CONDITIONS 

We reserve the right to refuse the provision of goods or services to any person, at any time, for any lawful reason, and at our sole discretion, subject to compliance with applicable anti-discrimination and consumer protection laws. 

You acknowledge and agree that any content or data (excluding credit card details) you submit through the website may be transmitted unencrypted and may involve: 

1. transmission over various public or private networks; and 
2. modifications to enable compatibility with technical requirements of such networks or devices. 

Credit card information is always encrypted during transfer over networks using secure technologies. 

You agree not to reproduce, duplicate, copy, sell, resell, or exploit any part of the Service, including access or functionality, without our prior written consent. 

Headings in this agreement are included for ease of reference only and shall not affect the interpretation of any provision herein. 

SECTION 3 – ACCURACY, COMPLETENESS, AND TIMELINESS OF INFORMATION 

We do our best to ensure the information on this website is accurate, complete, and up to date. However, we do not warrant or guarantee that the content is always correct, complete, or current. You acknowledge that any reliance you place on the content of this website is at your own risk. 

This website may occasionally include historical information, which is not current and is provided solely for reference purposes. We reserve the right to amend, update, or remove any content at our discretion, without the obligation to notify you. 

It is your responsibility to review and monitor the website for any changes. We are not liable for any damages arising from reliance on outdated or inaccurate information. 

SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES 

Product prices are subject to change without notice. We reserve the right to modify or discontinue any aspect of the Service at any time, without notice. 

Our product prices and the services we offer may change at any time. We also reserve the right to update, change, or stop offering any part of our services or website content at any time, without notice. 

We are not liable to you or any third party for any changes in pricing, service updates, pauses, or the decision to stop offering the Service altogether. Any changes to the service or pricing are not applicable to orders already placed or agreements in place, unless otherwise agreed by you and us. 

SECTION 5 – PRODUCTS OR SERVICES 

Some of our products or services may only be available online through our website. These items might have limited stock and can only be returned or exchanged according to our Refund Policy. While we take reasonable care to display product colours and images as accurately as possible, we cannot guarantee that your device’s display will reflect the true appearance or colour of any product. 

We may choose to limit who we sell to — including by location or individual — and we might do this on a case-by-case basis. We also reserve the right to limit how many of a product or service we offer. We may also limit the quantities of any products or services we make available. Product descriptions and pricing are subject to change at any time without notice. We reserve the right to modify or discontinue any product or service at any time. Any offer for a product or service made on this website is void where prohibited by law. 

To the extent permitted by law, we do not warrant that the quality of any products, services, information or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be identified or rectified. 

SECTION 6- PROMOTIONS, COUPONS, AND DISCOUNTS 

1. Eligibility and Use Promotional codes, coupons, and discounts (“Offers”) provided by Miteri Mart are subject to specific terms and conditions stated at the time of issue. These Offers may be limited to particular products, categories, timeframes, or user eligibility. 
2. Non-Transferable Coupon codes are personal and non-transferable unless explicitly stated. They may not be sold, exchanged, or redeemed for cash. 
3. Limitations Miteri Mart reserves the right to limit the use of promotional codes to one per customer or transaction. Some Offers may not be combined with other discounts or promotional offers. Coupon codes cannot be used in conjunction with any other discounts or promotional offers.  
4. Expiration and Modification All Offers are subject to expiration dates and availability. Miteri Mart reserves the right to cancel, modify, or revoke any Offer at any time without prior notice, for any reason including suspected fraud or misuse. 
5. Errors and Misuse If an error occurs (e.g., due to a system glitch or pricing mistake), Miteri Mart may cancel affected orders or correct the Offer details. Use of Offers in violation of these Terms may result in order cancellation or account suspension. 

SECTION 7 – ACCURACY OF BILLING AND ACCOUNT INFORMATION 

We reserve the right, at our sole discretion, to refuse, limit, or cancel any order placed with us. This may include restrictions on quantities purchased per individual, per household, or per order. These restrictions may be applied to orders placed under the same customer account, the same credit card, and/or using the same billing or shipping address. 

If we modify or cancel an order, we will make reasonable efforts to notify you using the contact details provided at the time of purchase (including your email address and/or billing address and/or telephone number). 

We also reserve the right to restrict or prohibit orders that, in our sole judgment, appear to be placed by resellers, distributors, or unauthorised parties. 

You agree to provide current, complete, and accurate purchase and account information for all transactions made at our store. You further agree to update your account and other details promptly, including email address, payment information, and any other relevant account information, to ensure successful processing of your transactions and to enable necessary communications 

For more information, please refer to our Refund Policy. 

SECTION 8 – OPTIONAL TOOLS 

We may at our discretion, make available access to tools or functionality provided by third-party service providers time to time. Such tools are offered to you without any ongoing monitoring, control, or intervention by us, and we make no representations regarding their performance, accuracy, or suitability. 

You acknowledge and accept that any access to or use of such tools are provided on an “as is” and “as available” basis, without any warranties or guarantees of any kind, express or implied. We disclaim all responsibility and liability for any loss, damage, or other consequence arising directly or indirectly from your use of these optional third-party tools. 

Your use of such tools is entirely at your own risk and discretion, and it is your responsibility to review and accept the applicable terms and conditions set by the third-party providers prior to use. 

We may, in the future, introduce new services, features, or resources via the website, including new tools. Any such additions will be governed by these Terms of Service, as amended from time to time. 

SECTION 9 – THIRD-PARTY LINKS 

This website may contain links to, or content and services provided by, third parties that are not owned, operated, or controlled by Miteri Mart. These third-party links are provided for your convenience only and do not constitute any form of endorsement, approval, or recommendation by us. 

We make no representations or warranties as to the accuracy, reliability, legality or suitability of the content, goods, or services provided by third parties. To the maximum extent permitted under applicable Queensland and Australian law, we disclaim all liability for any loss, damage, cost, or expense you may incur in connection with your access to, or use of, any third-party websites or services. 

You acknowledge and agree that any engagement with third-party sites, including any transactions entered into, is undertaken entirely at your own risk. It is your responsibility to review and understand the relevant third party’s terms of service, privacy policy, and other applicable conditions before proceeding. 

Any complaints, disputes, or claims relating to third-party goods or services should be directed to the respective third-party provider. 

SECTION 10 – USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS 

By submitting comments, feedback, suggestions, proposals, content, or other materials to us—whether through our website, by email, or via any other communication method—you agree that we may, at our sole discretion, use, reproduce, modify, adapt, publish, translate, distribute, and display such content in any medium, without restriction or obligation to you, including compensation or acknowledgement. 

Unless otherwise agreed in writing, Miteri Mart is under no obligation to: 

1. Maintain the confidentiality of any user-submitted content; 
2. Provide compensation for submitted materials; or 
3. Respond to any user submissions. 

We reserve the right, but are not obligated, to monitor, review, edit, or remove any content that we deem, in our sole discretion, to be unlawful, offensive, defamatory, obscene, or otherwise objectionable, or that violates these Terms of Service or any third-party rights. 

By submitting any content, you represent and warrant that: 

• Your submission does not infringe upon the intellectual property, privacy, or legal rights of any person or entity; 
• Your content does not contain any unlawful, abusive, defamatory, obscene, or harmful material; 
• Your submission is free of malware, viruses, or any code that could affect the security or operation of our services; and 
• You will not misrepresent yourself, impersonate another person or entity, or provide misleading contact details. 

You are solely responsible for the legality, accuracy, and consequences of any material you submit. Miteri Mart disclaims all responsibility and liability for any comments submitted by users or third parties. 

SECTION 11 – PERSONAL INFORMATIONS 

The submission of your personal information through the Miteri Mart store is subject to the terms outlined in our Privacy Policy. 

SECTION 12 - ERRORS, INACCURACIES AND OMISSIONS 

At Miteri Mart, we make every effort to provide accurate and up-to-date information on our website and services. However, from time to time, there may be instances where information on our website or within the Service contains typographical errors, inaccuracies, or omissions in the content related to product descriptions, pricing, promotions, offers, shipping charges, delivery times, and availability. 

We reserve the right to rectify any errors, inaccuracies, or omissions and to modify or update or remove information, including cancelling orders, in the event that any details on our site or in the Service are incorrect, without prior notice (including after an order has been placed). 

While we aim to maintain current and accurate information, we are not obligated to update, modify, or clarify any information in the Service or on any related website, including pricing, unless required by law. Any date indicated for the update or refresh of content should not be construed as a confirmation that all information on the website has been updated. 

SECTION 13 – PROHIBITED USES 

In addition to any other prohibitions set out in these Terms of Service, you must not use this website or any of its content for any of the following purposes: 

• Engaging in any activity that is unlawful or in breach of any applicable international, Commonwealth, State (including Queensland), or local law, regulation, or ordinance; 
• Soliciting or encouraging others to engage in unlawful acts; 
• Violating the intellectual property rights of Miteri Mart or those of any third party; 
• Harassing, abusing, insulting, harming, defaming, slandering, intimidating, disparaging, or discriminating against any individual or group based on characteristics including, but not limited to, gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; 
• Submitting any false, misleading, or deceptive information; 
• Uploading or transmitting any viruses, malware, or other harmful code that may affect the functionality or security of this website, any related websites, or the broader internet; 
• Harvesting or collecting the personal data of others without lawful authority or consent; 
• Engaging in any unauthorised data scraping, crawling, phishing, pretexting, spamming, or similar activities; 
• Using the site for any obscene, offensive, or immoral purpose; 
• Attempting to interfere with or bypass the security features of this website, related websites, or any associated services. 
• Impersonating another individual or entity without authority 

Miteri Mart reserves the right to terminate your access to the website or its services if you are found to be in breach of any of the above conditions. 

SECTION 14 – DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY 

At Miteri Mart, we strive to provide a reliable and secure shopping experience; however, we make no warranties or guarantees, express or implied, regarding the availability, accuracy, completeness, timeliness, or reliability of the information, products, or services offered. 

You acknowledge and agree that your use of the Service provided by Miteri Mart and its associated services is at your sole risk. All content, services, and products provided via the website are supplied on an “as is” and “as available” basis, without any warranties of any kind, either express or implied, except as expressly provided by law. To the extent permitted by law, we expressly disclaim all warranties, including but not limited to implied warranties of merchantability, fitness for a particular purpose, durability, title, and non-infringement. 

We do not guarantee that the operation of our services and/or website or any of its functions will be uninterrupted or error-free, that defects will be corrected, or that the website or the server that makes it available is free of viruses or other harmful components. We further do not warrant that the results that may be obtained from the use of the service will be accurate or reliable. 

From time to time, Miteri Mart may suspend, modify, or remove the website or services, either temporarily or permanently, without prior notice. You agree that we shall not be liable to you or to any third party for any such suspension, modification, or discontinuation. 

To the maximum extent permitted under the Australian Consumer Law and relevant Queensland legislation, Miteri Mart, including its directors, officers, employees, contractors, agents, affiliates, suppliers, and service providers, will not be liable for any loss, damage, or expense—whether direct, indirect, incidental, consequential, special, or exemplary—that arises out of or relates to your access to, use of, or inability to access or use the website, products, or services. This includes but is not limited to any loss of profits, revenue, data, goodwill, or anticipated savings, even if we have been advised of the possibility of such damages. 

Nothing in these Terms of Service excludes, restricts, or modifies any consumer guarantees, rights, or remedies you may have under the Competition and Consumer Act 2010 (Cth) or Queensland’s Fair Trading Act 1989 (Qld). Where liability under such legislation cannot be excluded, it is limited to the fullest extent permitted by law, including to the resupply of the goods or services or the cost of such resupply. 

SECTION 15 – INDEMNIFICATION 

You agree to indemnify, defend, and hold harmless Miteri Mart, its directors, officers, employees, agents, affiliates, contractors, service providers, suppliers, and licensors from and against any and all claims, liabilities, damages, losses, and expenses (including reasonable legal fees) arising out of or in connection with: 

• “your breach of these Terms of Service or any documents incorporated by reference;” 
• “your violation of any applicable law, regulation, or third-party rights (including intellectual property or privacy rights); or” 
• “any misuse of the services or products provided through the Miteri Mart platform.” 

This indemnity will not apply to the extent that any such loss arises due to Miteri Mart's own negligence, wilful misconduct, or breach of statutory obligations under the Australian Consumer Law or the laws of Queensland. 

SECTION 16 – SEVERABILITY 

If any provision of these Terms of Service is deemed unlawful, void, or unenforceable under applicable law, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be modified or severed as necessary, without affecting the validity and enforceability of the remaining provisions of these Terms. The determination that any provision is unenforceable shall not invalidate or impair the effect of any other provisions of these Terms. 

SECTION 17 – TERMINATION 

The obligations and liabilities of the parties incurred prior to the termination of this agreement shall continue to be enforceable even after the termination. 

These Terms of Service will remain in effect unless and until they are terminated by either you or us. You may terminate this agreement at any time by informing us that you no longer wish to use our services or by ceasing to use our website. 

If, in our sole discretion, we determine that you have failed or are suspected to have failed to comply with any term or condition of these Terms of Service, we reserve the right to terminate this agreement immediately, without prior notice. In such cases, you will remain liable for any outstanding amounts up until the termination date, and we may deny you access to the services (or any part thereof). 

SECTION 18 - ENTIRE AGREEMENT 

Failure by us to exercise or enforce any right or provision of these Terms of Service will not be considered a waiver of such right or provision. 

These Terms of Service, together with any policies or operating rules we post on this site or in relation to the Service, represent the complete and exclusive agreement between you and us. This agreement supersedes any prior or contemporaneous agreements, communications, and proposals, whether written or oral, between you and us, including any earlier versions of these Terms of Service. 

In the event of any ambiguity in the interpretation of these Terms of Service, such ambiguity shall not be construed against the party that drafted them. 

SECTION 19 – GOVERNING LAW 

These Terms of Service, along with any separate agreements under which we provide services to you, shall be governed by and interpreted in accordance with the laws of the State of Queensland and the applicable laws of the Commonwealth of Australia. Any disputes arising from or related to these Terms shall be subject to the exclusive jurisdiction of the courts in Queensland, Australia, and you consent to the jurisdiction of those courts. 

In the event of any inconsistency between Queensland law and Commonwealth legislation, the applicable law will be determined in accordance with the Australian legal framework, with precedence given as required under the Australian Constitution. 

SECTION 19 – MOBILE APPLICATION 

• Availability and Access If and when a Miteri Mart mobile application (“Mobile App”) is released, it will be made available through relevant platforms such as the Apple App Store and Google Play Store. Your use of the Mobile App will be subject to these Terms of Service in addition to any applicable terms and conditions imposed by the app platform provider. Apple Inc. and Google LLC are not a party to these Terms and are not responsible for the app or its content. The use of the app must also comply with the applicable App Store or Google Play terms. 
• Functionality and Scope The Mobile App will allow users to access certain Miteri Mart services, including browsing products, placing orders, tracking deliveries, and managing user accounts. Miteri Mart does not guarantee that the app will be compatible with all devices or operating systems. Features may vary and may be updated or discontinued without notice 
• User Responsibility By installing or using the Mobile App, you agree:
• To download and install only official versions from authorised app stores. 
• To keep your device and app up to date for optimal performance and security. 
•  Not to reverse engineer, decompile, or tamper with the app or its code. 
• To use the Mobile App only for lawful and authorised purposes in accordance with these Terms. 
• Data Usage and Access Use of the Mobile App may involve the transmission of data via your mobile network or internet service. You are responsible for all charges and fees associated with such access and usage. 
• Updates and Support Miteri Mart may, from time to time, release updates or improvements to the Mobile App. These updates may be automatically applied depending on your device settings. We are not obligated to provide any maintenance or support for the Mobile App beyond what is required by law. 
• Push Notifications / Permissions  By using the Miteri Mart app, you consent to receiving push notifications and allow access to device features such as camera or location, where necessary, subject to your permission settings." 
• Termination of App Access We reserve the right to suspend or terminate the Mobile App or your access to it at any time, without notice, in accordance with these Terms 
• Limitation of Liability To the fullest extent permitted by law, Miteri Mart shall not be liable for any direct, indirect, incidental, special, consequential, or punitive damages, or any loss or damages to your device or data arising from your use of the Mobile App. 
• Indemnity You agree to indemnify and hold harmless Miteri Mart, its affiliates, officers, employees, and agents from any claims, damages, liabilities, costs, or expenses arising from your use or misuse of the Mobile App, or your violation of these Terms. 
• Consumer Rights Nothing in these Terms excludes, restricts, or modifies any consumer guarantees under the Australian Consumer Law (ACL) or the Fair Trading Act 1989 (Qld). If any part of these Terms is found to be void or unenforceable, the remaining provisions will remain in full effect. 

SECTION 20 - CHANGES TO TERMS OF SERVICE  

Miteri Mart reserves the right to amend or update these Terms of Service at any time, at its sole discretion, by publishing the revised version on its website. You can review the most current version of the Terms of Service at any time on this page. 

It is your responsibility to review these Terms periodically for changes. Continued access to or use of our website and services following any updates constitutes your acceptance of the revised Terms. 

SECTION 21 – CONTACT INFORMATION 

For questions about the Terms of Service, contact us at: 

📧Email: info@miterimart.com.au 

📞Phone: 0430967789 

🏢 Address: 30 Canterbury Bells Circuit, Springfield Lakes, QLD, 4300, Australia