TERMS OF USE

This website is owned and operated by mihi home C/O dusk Australasia Pty Ltd (‘mihi’ 'dusk', 'we', 'us', 'our').

Through this website you may be able to do any of the following, among other things:


  • view information about mihi and its products;

  • create an online account with us;

  • sign up for receiving communications about our products; and

  • use the email or social media functions to contact us, and send or post queries, reviews, and feedback.

  • (the 'Services').

    The following terms of use, as updated from time to time, govern your access to and use of:


  • this website;

  • all information and data (including data files, written text, computer software, location data, audio files or other sounds, photographs, videos or other images) which you may have access to through your use of the website or the Services ('Content'); and

  • the Services.
  • Nothing in these terms of use is intended to exclude, restrict or modify rights which you may have under law (including the Australian Consumer Law) which may not be excluded, restricted or modified.

    DISCLAIMER

    1.1 Access provided 'as is'

    a) Access to the Content and this website is offered on an 'as is' and 'as available' basis.

    b) To the full extent permissible by law (including the Australian Consumer Law) and subject to any additional warranties in our Cancellation, Return & Refund Policy where applicable:

    1. all express or implied conditions, representations and warranties, including any implied warranty of merchantability, for a particular purpose, or non-infringement, are denied and disclaimed; and

    2. mihi makes no representations, warranties, covenants or guaranties of any kind as to the operation of this website and the quality, suitability, truth, accuracy or completeness of the Content.

    In particular, we do not guarantee that:

    3. access to this website or the Services will function as intended or be uninterrupted or delayed;

    4. this website, or the facilities that make it available, will not cause damage or are free from any computer virus or any other defects or errors.

    1.2 Changes

    a) We may withdraw or restrict your access to this website or the Services at any time and without notice to you.

    b) We may make changes to any Content, at any time, without notice.

    1.3 Our liability

    To the fullest extent permitted by law and except as otherwise provided under these Terms:

    a) subject to any rights that you may have under the Australian Consumer Law, mihi excludes all liability for any loss or damage of any kind, in contract, tort, under statue or otherwise, not caused by its negligence or fraud including arising directly or indirectly from or in connection with this website, the Content or the Services;

    b) mihi’s liability to you for loss or damage of any kind arising out of these this website, the Content or the Services will be reduced or limited to the extent (if any) caused or contributed by you or any other matter outside our reasonable control.

    1.4 Other users' Content

    We do not endorse, support, sanction, encourage, verify or agree with any comments, opinions or statements by other users of this website and exclude all liability in relation thereto. While we may review and moderate user-posted Content and may remove any Content (e.g. where it is unlawful or inappropriate), there may be some time where such content is able to be viewed before it can be removed.

    YOUR ONLINE BEHAVIOUR

    2.1 mihi’s intellectual property

    a) This website and the Content are subject to copyright and other intellectual property which are owned by mihi, its affiliates or third parties.

    b) mihi grants you a non-exclusive, royalty-free, revocable, non-transferable, non-sublicensable licence to:

    1. access and use this website and Content solely for the purpose of receiving the benefit of the Services;

    2. create a hyperlink to this website provided that:

    i. the link should not portray mihi, its affiliates, or their products or services in a false, misleading, derogatory or otherwise offensive manner;

    ii. if requested by mihi, you must remove any hyperlink to this website contained on your website or any other digital content;

    iii. you may not use any mihi logo or other proprietary graphic or trademark as part of the link without our express prior written consent, or that of our licensor, as appropriate.

    c) Subject to 2.1(b), nothing on this website shall be construed as conferring any license in respect of any of mihi’s or any other person's intellectual property rights, whether expressly, by interference, by implication, or otherwise. You must seek the permission of the relevant copyright holder in order to use third party Content.

    d) Subject to 2.1(b), and unless otherwise specified or as permitted under the Copyright Act 1968 (Cth) or other applicable laws which may not be excluded, restricted or modified, you may not download, display, post, record, mirror, duplicate, copy, retransmit, redistribute, commercially exploit, reproduce or republish any part or aspect of this website or Content in any form, by any means whatsoever, whether by electronic, mechanical, recording, photocopying, photographic means or otherwise.

    2.2 Unlawful use and interference

    a) You must not access this website or the Content or use the Services for an unlawful purpose, under any circumstances, including:

    1. uploading, transmitting, accessing, or downloading material that is offensive, defamatory, obscene, discriminatory, fake or misleading, invasive to another person's privacy, infringing intellectual property; and

    2. attempting to gain unauthorised access to any part of the website or the Services, or any other systems or networks connected to the website, or to any of the products or services offered through the website by any illegitimate means;

    b) You must not (either yourself or through any third party):

    1. disrupt, intercept our electronic information posted on this website or on any of our servers;

    2. circumvent the security features of this website;

    3. use any robot, spider, screen scraper, data aggregation tool or other automatic device or process to process, monitor, copy or extract any Content without our prior written permission;

    4. use any device, software, process or routine to interfere or attempt to interfere with the proper working of the website;

    5. take any action that imposes an unreasonable or disproportionately large load on the infrastructure or bandwidth of the website; or

    6. reverse engineer, reverse assemble, decompile, or otherwise attempt to discover source code or other arithmetical formula or processes in respect of the software underlying the infrastructure and processes associated with the website.

    2.3 Your reviews and feedback

    a) Subject to clause 2.2(a)(1) and clause 2.3(b), mihi welcomes ratings, reviews, suggestions, comments or other feedback about its products and services, including the Services, (e.g., regarding their utility, reliability, or performance) this website and its Content and your user experience with the website, as well as any bug-fixes, features, functionality or enhancements you would like to see in future versions ("Feedback").

    b) Without limiting clause 2.2(a)(1):

    1. to the fullest extent permitted by law (including the Australian Consumer Law), we reserve the right not to publish or to remove product reviews or other Content posted by you (for example, if they do not comply with our review policies or posting standards);

    2. you agree to not to submit any product review which:

    i. you know to be inaccurate or for which you were compensated or granted any consideration by any third party; or

    ii. is not about the specific product which you have purchased from us.

    c) By providing your Feedback, or any material to be included in the Content, you agree to grant mihi and its contractors a non-exclusive, royalty-free, perpetual, irrevocable, sub-licensable licence to use, reproduce and modify your Feedback or material, including for the purposes of improving our products and service or for mihi’s internal reporting purposes.

    2.4 Account security

    a) It is your responsibility to maintain the confidentiality of your password and account and all activities that take place under your password or account.

    b) If you believe that there has been a security breach or misuse of your password or account, please let us know immediately.

    PRIVACY

    We may collect, use and disclose personal information about you as described in our privacy policy.

    THIRD PARTY SITES

    We may provide links to other websites or social media sites from time to time. We do not endorse or take responsibility for the content of those sites and will not be liable in any way for any loss or damage which you may suffer by using those websites.

    APPLICABLE LAW

    These terms of use are governed by and will be construed in accordance with the laws of Victoria, Australia. Any disputes arising under or in connection with these terms of use shall be subject to the exclusive jurisdiction of the courts of Victoria.

    MIHI HOME INSTAGRAM COMPETITION

    Terms and Conditions
    1. Information on how to enter and prize details form part of these terms and conditions. By entering this promotion you are deemed to have accepted these terms and conditions.
    2. This promotion is being run by mihi C/O dusk Australasia Pty Ltd (ACN 090 850 383) of 75/85 O'Riordan St Alexandria NSW 2015 ("Promoter").
    3. The promotion starts at 9:00am AEDT on 4th February 2022. Entries close and must be received by 11.59 pm AEDT on 10th February 2022. ("Promotional Period").
    4. The time of entry will, in each case, be the time the online entry is received by the Promoter. The Promoter accepts no responsibility for any late, lost or misdirected entries due to technical disruptions, network congestion or for any other reason.

    Who can enter?
    5. Entry is open to all residents of Australia. However, employees and their immediate families of mihi C/O dusk Australasia Pty Ltd or Thrive pr + communications and their associated agencies and companies are not eligible to enter. Immediate family means any of the following: spouse, ex-spouse, de-facto spouse, child or step-child (whether natural or by adoption), parent, step-parent, grandparent, step-grandparent, uncle, aunt, niece, nephew, brother, sister, step-brother, step-sister or first cousin.
    6. If you are under the age of 18 years you must have parental/guardian consent to enter. The parent/guardian agrees to these terms and conditions of the promotion.

    How do you enter?
    7. To enter, you must, during the promotion period:
    1. ‘Follow’ Mihi Home on Instagram (@mihi.home)
    2. Tag a friend
    3. Comment in emojis your Valentine’s Day plans

    ("Eligible Entry")
    8. Any entry that is made on behalf of an Entrant by a third party will be invalid.
    9. All entries must be made under the entrant's own Instagram account. 
    10. Entries that are incomplete, incorrect or illegible will be deemed invalid.
    11. All entries and the intellectual property in them become the property of the Promoter. The Promoter may use any content (in whole or in part) from the entries including reproducing (in any media and with or without accreditation as to the author) the response to the questions in promotion, marketing or other materials. The Promoter may authorise others to use any of the rights which it maintains as owner of the intellectual property in the entries.
    12. Each entrant warrants to the Promoter that its entries are the original work of the entrant and that the exercise by the Promoter of its rights will not breach the rights of any other person.
    13. Only one entry per person will be valid.

    Prizes and Judging
    14. There is one (1) grand prize to be won over the promotional period. The winner will receive one (1) Marin Pewter Resin Diffuser, one (1) Night Essential Oil Trio, one (1) Lullaby Sleep Tea pack, one (1) Transformazing Sheet Mask, one (1) Bed Threads Linen Robe, one (1) Loco Love Lovers Box of chocolate and one (1) Bare Blends Scrub and Lotion Bundle valued at AU$416.71.
    15. The total prize pool value is AU$416.71.
    16. The prizes will be awarded to one eligible entry as chosen by the judges.
    17. The decision of the Promoter is final and no correspondence will be entered into.
    18. Winners will be notified in writing by direct message on Instagram within two (2) business days of the competition’s completion (14th February, 2022), and asked to provide Mihi Home with their contact information to receive their prize.
    19. If a prize remains unclaimed after five (5) days, or a winner is disqualified in accordance with these terms and conditions, the prize will be forfeited and distributed at our discretion.
    20. The winners will be announced in a social media post on the Mihi Home Instagram page.

    Prize Conditions
    21. The prize will be delivered to the address provided.
    22. You are only eligible to win one prize. The Promoter reserves the right to withdraw a prize if there are no eligible entrants to receive that prize.
    23. By accepting a prize, you agree to participate in and co-operate as required with all reasonable marketing activities relating to the prize including but not limited to being interviewed and photographed. We reserve the right to use your comments, image and name for advertising and publicity purposes in any media in perpetuity without compensation.
    24. A prize, or any unused portion of a prize, cannot be transferred, exchanged or redeemed for cash.
    25. Unless expressly stated in these terms and conditions, the winner and their companion are responsible for all other expenses (if applicable) including flights, spending money, meals (unless specified), drinks, transfers (unless specified), laundry charges, activities (unless specified), incidentals, taxes, energy surcharges, gratuities, services charges, and all other ancillary costs.
    26. The prize is only available to residents of Australia. The prize may not be combined with any other voucher or offer.

    General
    27. We reserve the right, at any time, and in our sole discretion to;
    a. request entrants to provide proof of identity and/or proof of valid entry
    b. disqualify any entrant who we have reason to believe has breached any of these conditions or engaged in any unlawful or other improper conduct or any conduct calculated to jeopardise the fair and proper conduct of the promotion.
    28. The Promoter will not be liable for any prize that may be lost, stolen, forged, damaged or tampered with in any way after it leaves our possession.
    29. Prize values are based upon the recommended retail prices at the time of printing (inclusive of GST). The promoter accepts no responsibility for change in prize value between now and the ultimate prize redemption date.
    30. If the prize (or part of a prize) is unavailable, for whatever reason, the Promoter reserves the right to substitute the prize (or that part of the prize) for a prize greater or equal monetary value and/or specification.
    31. If for any reason, we are not able to conduct the promotion as planned, including due to tampering, unauthorised intervention, fraud, any technical difficulties or any other causes beyond our control, which corrupt or affect the administration, security, fairness, integrity or proper conduct of this promotion, we reserve the right in our sole discretion to take any action that may be available.
    32. We exclude all warranties in relation to the quality, suitability or merchantability of a prize, except those that cannot be excluded by law. To the fullest extent permitted by law, any liability of the promoter or its employees or agents for breach of any rights a consumer may have which are unable to be excluded under Australian Law, is limited to the payment of the costs of having the prize supplied again.
    33. To the extent permitted by law, we are not liable for any loss (including indirect and consequential loss) or damage or personal injury suffered or sustained in connection with the promotion including the supply of goods or services by any person to the prize winners, and where applicable to any persons accompanying the prize winners. We accept no responsibility for any tax liabilities that may arise from winning the prize.
    34. This promotion is in no way sponsored, endorsed or administered by, or associated with Facebook Inc. You are providing your information to the promoter and not to Facebook Inc. The information provided will only be used for this promotion. Any questions, comments or complaints regarding this promotion should be directed to us and not to Facebook Inc. The Promoter releases Facebook Inc. from each entrant into the promotion.

    Privacy
    35. By entering this promotion, you agree that we may use the personal information we collect from you:
    a. to conduct this promotion, including determining and notifying the winners and disclosing that information to prize suppliers; and
    b. for future marketing purposes in any media, including contacting you after this promotion ends,
    c. on the terms set out in Privacy Policy available at mihi C/O dusk Australasia Pty Ltd https://www.mihihome.com.au/pages/privacy-policy. If you would like to access or correct the personal information that we hold about you, you can contact the promoter by phoning 1300 387 543.