1. About this website

Mighty Star International Pty Ltd,  ABN 76 642 566 201, “Mighty Star” Domain name, www.mightystar.com

2. About these Terms of Use

These website terms of use (“Terms of Use”) and the associated Privacy Statement (“Privacy Policy”) govern your access to and use of the website. You should read these Terms of Use and the Privacy Policy carefully before using this website.

3. Your access/use implies agreement

The website is available for your use only on condition that you agree to these Terms of Use. By accessing/using the website, you are signifying that you agree to be bound by these terms.

4. Modifications to the Terms

Mighty Star may revise and update these Terms of Use at any time. Your continued usage of the website after any changes to these Terms of Use will mean you accept those changes.

5. Modifications to the information

Mighty Star does not warrant the accuracy, adequacy, or completeness of material on this website. All information may be changed, supplemented, deleted, or updated without notice at the sole discretion of Mighty Star.

6. Errors and problems

Mighty Star does not guarantee that the website will be free from viruses, or that access to the website will be uninterrupted.

7. License and Ownership

The copyright for the content on this website is owned or licensed by Mighty Star and is protected under the Copyright Act 1968 (Cth) and by other copyright laws in both Australia and other countries. No material on this 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 specific written consent of Mighty Star.

All custom graphics, icons, and other items that appear on the website, and all associated trademarks, are trademarks of Mighty Star.

8. Mighty Star Privacy Policy

The Mighty Star Privacy Policy governs the use of information collected from or provided by you at the website. A policy statement prepared by Mighty Star for the purposes of being made available to customers and the general public declaring the company’s commitment to the Privacy Act 1988 (Cth) (herein after the “Privacy Act”) for a company required to comply is available at www.mightystar.com/privacy-policy

9. Feedback, suggestions, comments, or requests

Mighty Star does not encourage you to make feedback, suggestions, comments, or requests (“comments”), but these comments may be made to info@mightystar.com and if you do make comments, you acknowledge that: they will not be considered confidential or proprietary, Mighty Star is under no obligation to keep such information confidential, and Mighty Star will have an unrestricted, irrevocable, worldwide, royalty-free right to use, communicate, reproduce, publish, display, distribute and exploit such comments in any manner it chooses.

10. Outbound links

The website may contain links to third-party websites and resources (“linked sites”). These linked sites are provided solely as a convenience to you and not as an endorsement by Mighty Star. Mighty Star makes no representations or warranties regarding the availability, correctness, accuracy, performance, or quality of the linked site or any content, software, service or application found at any linked site. Mighty Star may receive payments and/or commissions from operators of linked sites in relation to goods or services supplied by the operator as a result of you linking to the third party website from the Mighty Star website.

11. Inbound links

Mighty Star generally encourages and agrees to your linking to the Home page through a plain text link on your website without the need for agreement between yourself and Mighty Star. However, linking to any other page of the website is strictly prohibited without express written permission from Mighty Star.

12. Jurisdiction

The Australian section is provided for use only by Australian residents. The law applicable to use of the Australian section and to disputes arising out of the Australian section is the law of the state of Victoria. The International Section is provided for use by residents of any country in the world, but, to the fullest extent permitted by law, the law applicable to use of the International Section and to disputes arising out of the International Section is the laws of the state of Victoria, Australia.

13. Disclaimer of Warranties

Mighty Star makes no representations or warranties about the accuracy, completeness, security, or timeliness of the content, information, or services provided by the website, and disclaims all warranties, either express or implied, statutory or otherwise, including but not limited to the implied warranties of merchantability, non-infringement of third parties’ rights, and fitness for a particular purpose.

14. Limitation of Liability

If Mighty Star is found responsible for any damages, Mighty Star is responsible for actual damages only. In no event shall Mighty Star be liable for any incidental, indirect, exemplary, punitive and/or consequential damages, lost profits, or damages resulting from lost data or business interruption resulting from the use of or inability to use the website.

15. General Conditions of Sale

The following Conditions of Sale shall apply to any product sold on this website. These Conditions of Sale constitute a complete and exclusive statement of the agreement and understanding between you and Mighty Star with respect to the subject matter hereof. 

• The goods delivered under this Agreement shall be of normal industrial quality unless herein specifically stated to the contrary. Any description of such goods has been given by way of identification only and the giving or use of such description shall not constitute any sale hereunder a sale by description.
• The products available on the website for sale under these Conditions of Sale are only available for sale to individuals who can make legally binding contracts. The products are not available to persons under the age of 18 years nor any other person legally prohibited from entering into a binding contract. By placing your order you are verifying to Mighty Star that you are able to make a legally binding contract.
• Your order is an offer by you to purchase a particular product for the price, terms and conditions, specified in the Seller Purchaser Agreement – binding contract.
• Mighty Star reserves the right to accept or reject your offer for any reason, including, without limitation, an error in the product description, or the price posted on the website, the availability of the product, or an error in your order. Your contract with Mighty Star only comes into existence when Mighty Star forwards you an email containing confirmation of receipt of your order, an acceptance of your order, confirmation of receipt of your payment, and details of likely delivery.
• This contract shall be governed by and construed in accordance with the law in effect in the State of Victoria and by entering into contract both parties are accepting the jurisdiction of the courts of the State of Victoria in relation to any dispute between them.
• You shall inspect the goods immediately upon their arrival and shall within three (3) days give notice to Mighty Star if the goods are not in accordance with specified requirements. If you fail to give such notice, the goods shall be deemed to be in all respects in accordance with the specified requirements. 
• Ownership and property in the goods supplied/delivered shall pass from Mighty Star to you when Mighty Star receives full payment. Risk passes to you upon delivery to your warehouse or to an agreed delivery point.
• Mighty Star shall not be responsible for non-delivery or delay in delivery of any goods caused by force majeure and you and Mighty Star shall be excused from performance of their respective obligations when and to the extent such performance is delayed or prevented by force majeure. If your need for the goods is reduced or suspended as a result of force majeure, and notification is within reasonable time of acceptance of the Order and prior to transfer of ownership, you shall be entitled to terminate the agreement. For the purpose of this commitment force majeure shall include but is not limited to natural disasters, civil disasters, political events, change of legal/political environment, business disruptions, accidents, earthquake, flood, hurricane or typhoon, tornado, tsunami, volcanic eruption, wildfire/bushfire, landslide, or avalanche, fire, storm, terrorist acts, revolt, war, financial markets disturbances, changes of regime, or tax, or regulatory authority, energy failure, external telecommunications failure, and/or failure of transport systems.
• You assume all risks and liabilities for consequences arising from the use of the goods whether singly or in combination with other goods and indemnify Mighty Star in respect of any such use. Mighty Star is not liable for any infringement of patent rights arising out of the use of such goods by you or your instructions, expressed or implied, and it is your responsibility to ensure that the goods when used by you are not damaged, and no liability will be accepted by Mighty Star for the consequences of the use of damaged goods by you.
• Nothing in these Conditions of Sale is intended to exclude, restrict, or modify any statutory obligation of Mighty Star implied by the Goods Act, 1958.