Myospots Australia Pty Ltd ABN 12 630 100 300 is providing its goods and services to you (the person making an order with us) subject to the following terms and conditions. By agreeing to purchase a product from us, you agree to be bound by these Terms and conditions. If you need to contact a Myospots representative please contact us on email@example.com. Myospots reserves the right to change and alter these terms without giving prior notice and it is up to the user of the website to take responsibility to return to this page to review any changes that have been made. Any changes made to these Terms take effect from the exact time of posting on this website. It is advised before the purchase of any product that you review this section. The last time these Terms and Conditions were altered was in February 2020.
Prices, Payment and Product Availability
Prices displayed on our website are in Australian dollars. Conversion rate to your local currency depends on currency conversion rates at the time of purchase. The price of product may therefore vary by time, depending on the variation of conversion rate of Australian dollars to you currency. Once an order has been made, you must pay the price stated on our website as being the purchase price for the relevant product. It is your responsibility to confirm what is in your cart prior to making a purchase. We do not provide refunds for products that are mistakenly purchased. Payment may only be made in the methods provided on our website. We will not ship any ordered products until payment for those products have been received.
By placing an order with us, you warrant and represent to us that:
- You understand the nature and effect of these Terms and agree to be bound by them;
- You are authorised and legally permitted to purchase the products being ordered;
- You are authorised and legally permitted to effect payment for the products being ordered using the payment method selected;
- The information provided to us in connection with your purchase is accurate and complete.
You agree to indemnify us against any and all expenses, losses, damages or costs that we may sustain or incur in connection with any breach by you of the above warranties.
Myospots will attempt to make the product and quantities advertised on this site available at all times. However this cannot always be guaranteed. Myospots does not make any warranties with respect to the availability of its products and will not be liable for any products that are not available at the time of your checkout. The customer will be notified as soon as is reasonably possible when this occurs and advised on what to do to solve this problem. Various discount rates can apply to bulk orders as displayed in the ordering guide. These discounts may vary from time to time and prices are subject to change without notice.
Myospots reserves the right to refuse or terminate/cancel orders when there has been website malfunction or error such as technical difficulty, an incorrect price has been displayed, your billing or shipping information is incorrect, we have grounds to believe that you are not authorised or legally permitted to make the relevant purchase, we have grounds to believe that you have breached these Terms or any force majeure events have occurred.
Notification to the customer will be facilitated immediately after this has been notified to us and any payment already received from the customer will be refunded.
Terms of Product Use
You must only use the products in accordance with the instructions provided and only for the purpose in which they are provided. This site is solely an online store for Myospots tongue exercise spots. This website is not a substitute for professional medical advice, however we do advise to consult your health care practitioner/dentist/speech pathologist/doctor/ or myofunctional therapist before the purchase of our products. Your health care practitioner can address any concerns, medical questions and queries regarding the possible treatment of any medical condition and can advice you on the frequency and duration of use of our product. Myospots does not, and is not, able to give or intend to provide any advice in connection with your medical related questions. This website does not replace any medical professional resource.
We do not represent ourselves as a doctor/medical practitioner and nor is this implied. The outcome of using our product will vary from one user to another, depending on your intended use, your adherence to use the product, duration of use and your underlying medical conditions. Myospots is not liable to you for any undesired results. This product is not recommended for Infants and babies under two years old. Young children can only use the tongue exercise spots under adults’ supervision. The guardian/carer takes full responsibility for safe use of the product by young infants and children and should be aware of the chocking risk if the spot was not properly attached to the child’s palate. The same precautions should be taken for the elderly and debilitated. Myospots are not to be worn during sleep. By placing an order through Myospots you accept all risks associated with the product as well as any complications that may arise as result of your use of the product.
Shipping and Handling Information
All orders placed (other than those placed in peak periods) will be dispatched from our warehouse within 3 business days (based on the time in Queensland, Australia). In peak periods, please allow for up to 6 business days for dispatch. Deliveries will be made to the shipping address nominated by you and it is your sole responsibility to ensure that the address provided is complete and accurate.
We are not responsible for delays, lost or damaged shipments for orders sent to incorrect or invalid addresses. In the event that a product is lost in transit, Myospots will help as much as is reasonably necessary to trace a missing parcel.
Orders may end up being returned to us for various reasons including, non-payment of fees, duties or taxes, incorrect address, unclaimed at post office, etc. If a package is returned or rejected, the customer will need to email firstname.lastname@example.org to arrange redelivery and will also have to pay for all postage costs.
Risk in the products purchased will pass to you once delivery has been made to your nominated address.
Please direct any shipping related inquiries to email@example.com
Taxes, Fees and Duties
When, or after delivery is made, there may be fees, duties, import/export and excise taxes, as well as other fees or assessments which may be assessed or levied by any national, State, or local government and any of their departments and subdivisions in relation to the ordered products. These charges are not included in the original shipping charge, and must be paid by you in addition to the amounts stated on our website. You will not be entitled to payment or reimbursement by Myospots for those charges. If you fail to pay the required fees, duties, taxes or assessments and the items are returned to us, we will require a copy the documents before considering a refund. If approved, we will provide you with a refund for the returned products minus the return delivery costs.
If you are unsure of the charges and whether you will be affected, please contact your local customs office.
If you consider that an item is defective and you are entitled to a replacement or a refund, you must first email firstname.lastname@example.org and describe your problem.
Results will vary greatly from person to person, depending on your intended use, your adherence to use the product, duration of use and your underlying medical conditions. We here at Myospots are not able to refund purchases unless the product is defective. Subject to the below paragraph, Myospots will offer a refund for defective items only if the defective product is returned to us, or you provide us with a video demonstrating (to our satisfaction) that the product is defective, within 30 days of your receipt of the product. We will review your claim as soon as we can and, if we are satisfied that your product is defective; we will provide you with a refund for the defective product.
If you elect to return the defective product to us, it is your responsibility to pay for shipping costs upon return. Refund will be limited to the cost of the item being returned via regular post, not express. An item returned via express is the responsibility of the user and a partial refund of only the actual regular mail will be refunded. It is the user’s responsibility to be aware of this.
Only distributors mentioned in our website are authorized to sell our products. We take no responsibility for buying our products from suppliers other than those mentioned in our website.
Except to the extent owned by our suppliers or licensors, we own all Intellectual Property Rights subsisting in our website, our products and our branding. Nothing in these Terms or our website in any way grants you any right or entitlement of whatever nature in respect of our Intellectual Property Rights.
We reserve all rights, title and interests in our Intellectual Property.
For the purposes of this paragraph, Intellectual Property Rights means intellectual property rights conferred by statute, common law or equity in any part of the world including (without limitation) patents, trademarks, copyright and neighbouring rights, designs, domain names, know how, circuit layouts, moral rights, rights in get-up, inventions and other results of intellectual activity in the industrial, commercial, scientific, literary or artistic fields, whether registered or not, and all other rights of a like nature which are now or may in the future subsist or be conferred in relation to them by the law in force in any part of the world, including all renewals and extensions.
With the exception of those terms provided on our website, these Terms contain the entire agreement between the parties hereto and no representations, inducements, promises or agreements oral or otherwise not embodied herein shall have any force or effect other than as expressly provided in this document or subsequent to the date hereof in writing and signed by a proper and duly authorised representative of the party to be bound thereby.
If any provision of these Terms are prohibited by law or judged by a court to be unlawful, void or unenforceable, the provision shall, to the extent required, be severed from these Terms and rendered ineffective as far as possible without modifying the remaining provisions of these Terms, and shall not in any way affect any other circumstances of or the validity or enforcement of these Terms.
These Terms are governed by and is to be construed in accordance with the law applicable in Queensland, Australia.
Each party irrevocably and unconditionally submits to the exclusive jurisdiction of the courts of Queensland, Australia and any courts that may hear appeals from those courts in respect of any proceedings in connection with these Terms.
Any failure or delay by us to exercise a power or right does not operate as a waiver of the power or right. The exercise of power or right does not preclude either its exercise in the future or the exercise of any other power or right. A waiver is not effective unless in writing. A waiver of a power or right is effective only in respect of the specific instances to which it relates and for the specific purpose for which it is given.
You must not assign your rights or obligations pursuant to these Terms to any other person without our prior written consent.