1. Terms of Service

This website www.mokosh.com.au (‘Website’) is owned and operated by Mokosh Pty Ltd (‘Mokosh’, ‘us’, ‘our’, ‘we’), ABN 2053 4953 728. Please read the following Terms of Service before using the Website, subscribing to our newsletter, creating an account, signing up to the Mokosh Rewards program, using the Refer-a-Friend program, and using and purchasing our products. Please also read our Privacy Policy, which details how we handle any personal information you may provide us when you use our Website, as well as our Payment policy, Shipping policy and Refund policy. Our Privacy policy, Payment policy, Shipping policy, and Refund policy form part of our Terms of Service and constitute the complete and exclusive agreement between us concerning your use of the Website and purchases you make from the Website. By using the Website, subscribing to our newsletter, signing up to the Mokosh Rewards program, the Refer-a-Friend program, creating an account and using and purchasing our products, you accept our Privacy policy, Payment & Shipping policies, Returns policy and Terms of Service. If you do not agree to these terms and policies, please immediately cease using the Website. Mokosh may modify our Terms of Service from time to time without notice so please check them regularly.

2. Restriction to use of the Website

In order to use the Website, subscribe to our newsletter, create an account, sign up to the Mokosh Rewards Program, the Refer-a-Friend program, use and purchase our products and submit feedback, you must be at least 18 years of age. If you are under 18, you may use this Website only with the consent of your parent or guardian who has agreed to these Terms of Service.

3. Registration

When you create an account, make a purchase on the Website, sign up to our newsletter, sign up to the Mokosh Rewards Program or the Refer-a-Friend program, you will provide us with personal information including your name, email address and password. We will handle all personal information we collect in accordance with our Privacy Policy.

You are responsible for keeping your password secure and for all use and activity that occurs in connection with your account.

4. Collection notice

We collect your personal information in order to, for example, reply to your enquiry, create your account, send you our newsletter, process your order and for purposes otherwise set out in our Privacy Policy - see https://mokosh.com.au/policies/privacy-policy.

We may disclose your information to third parties who help us deliver our products and services (for example couriers, communications suppliers, information technology suppliers and business partners) or as required by law.

Please refer to our Privacy Policy for information on how we store and use your personal information. If you would like more information about our privacy procedures or practices, please contact us by email at contact@mokosh.com.au.

By providing us with your personal information, you consent to the collection, use, storage and disclosure of that information as described in the Privacy Policy and these Terms of Service.

5. Accuracy and completeness of information

Although we endeavour to ensure the accuracy of the information on the Website and newsletters, we do not guarantee or provide any warranty of the accuracy or completeness of information included on the Website or newsletter. Mokosh accepts no liability arising from the Website or newsletter, or content provided by third parties, or links from the Website or newsletter being incorrect, incomplete or misleading. Mokosh will not be liable for any loss, damage, cost or expense incurred by any person relying on the information from the Website or newsletter. Mokosh does not warrant that the Website and its newsletter or their servers are free of errors, viruses or other destructive elements and Mokosh is not liable for any damage suffered as a result of such features. Mokosh reserves the right to delete, move and modify content on the Website and newsletter.

6. Warranties and disclaimers

The Website and newsletter are provided for the general information of the user and are not intended to provide medical advice. No regulatory agency has deemed the products listed on the Website to diagnose, treat, cure or prevent any disease or medical condition. Users of the Website and newsletter should not construe the information provided on the Website and newsletter as an assurance or guarantee of diagnosis, treatment, cure or prevention of any disease or medical condition. The information provided on this Website and newsletter is not intended as medical advice, and does not replace professional medical advice, diagnosis or treatment.

We are not liable to you or anyone else if errors occur in the information on the Website and newsletter, or if that information is not up to date.

We make no guarantee regarding results you may experience from using our products or from the information obtained from our Website and newsletter. Our products should not be used to treat, cure or prevent any medical condition and should not be used for therapeutic purposes. Always read instructions for use carefully.

7. Liability

We are not liable to you or anyone else for any interference with or damage to your computer systems connected with the use of this Website or newsletter or a linked website. You must take your own steps to ensure that whatever you select to use from our Website and newsletter is free from viruses and other damaging elements that may interfere with or damage your computer systems.

The Website and newsletter may offer use of third party tools over which we have no control or input. We will have no liability arising from your use of third party tools via our Website or newsletter. It is your responsibility to ensure you are familiar with the terms on which the relevant third-party tools are provided.

You agree to defend, indemnify and hold harmless Mokosh, for any liability, loss, claims, damages, recoveries and expenses including legal fees resulting from use of the Website and newsletter, and/or any breach by you of these Terms of Service. Mokosh reserves the right to seek all remedies available at law for violations of these Terms of Service. Mokosh reserves the right to terminate your subscription to the newsletter and your ability to access the Website, or any feature of this website, without notice and without liability. Your use of the Website and any services rendered will be governed by Australian Law under the jurisdiction of the State of Western Australia.

8. Intellectual property rights

The Website and newsletter are the property of Mokosh and are protected by copyright, trade marks and/or other proprietary rights. Users may not use, alter, reproduce, redistribute, transmit, or exploit any of the content in our Website or newsletters (including all text, graphics, logos, video, audio and software) without the written permission of Mokosh.

Any reproduction or redistribution of material from this Website and newsletter is prohibited and may result in civil and criminal penalties.

9. Unacceptable activity

When using this Website you agree to act in accordance with the law, and comply with these Terms of Service. You must not gain access to confidential information, make alterations to the Website or newsletter, compromise the operation of, or in any way damage the Website or newsletter.

In the event that we permit you to post information on our Website, we retain the right to remove this information at our sole discretion and without notice.

When you send any information including feedback, questions, ideas, suggestions, testimonials and other materials, you grant Mokosh unrestricted, royalty-free permission to use them for any purpose.

10. Changes to products and pricing and supply limitations

Prices listed on the Website are subject to change. Prices listed on the Website are exclusive of shipping charges, which are calculated at checkout. Prices held in the shopping cart are finalised only after an order has been submitted.

If you are unsatisfied with your purchase due to errors or inaccuracies on the Website, or due to any other error by Mokosh, please refer to our Refund Policy for instructions, or email us at contact@mokosh.com.au.

We reserve the right to limit the quantity of any products or services we offer. We reserve the right to discontinue any products or services we offer, and product descriptions are subject to change at any time without notice at our sole discretion. We reserve the right to to limit sales of our products or services to any person, geographic region or jurisdiction, and this right may be exercised on a case-by-case basis. We will not be liable to you or any third-party for any modification, price change, suspension or discontinuance of our products or services.

11. Mokosh Rewards program Terms and Conditions

Mokosh Rewards is a customer rewards program (“Program”) managed and operated by Mokosh on the Website. When you create a Customer Account, you automatically opt in to the Program.

When you opt in to the Mokosh Rewards program you agree to the Mokosh Rewards Terms and Conditions and our Privacy Policy. Please read the Terms of Service and Privacy Policy before you use or opt in to the Program.

Participation & Membership

All Mokosh customers that have access to our Website may participate in the Program. If you are under 18, you may use this Website only with the consent of your parent or guardian who has agreed to these Terms and Conditions. These Terms and Conditions will be accepted by you and will be binding on you at the time of opting in. If you do not agree to be bound by the Terms and Conditions, please contact Mokosh at contact@mokosh.com.au and ask to be removed from the Program.

Calculation of Mokosh Points

Mokosh Points may be earned only when you are logged in to the Program using the email address and password associated with your Customer Account. Points will not be earned for returns, refunds, postage charges or the purchase of gift cards. Mokosh reserves the right to change points balances if it believes that a person or entity is unfairly accumulating points in a manner that is outside the rules set out in this document. Points earned in the Program are not redeemable as cash or monetary value, unless otherwise stated in the rules in this document.

Purchases of Mokosh products from places other than the Website, for example from a retailer that sells Mokosh products, do not count towards the Mokosh Rewards program. When a customer obtains a refund or returns a product purchased from the Website, the customer’s Mokosh Points are recalculated according to the value of the return.

Transfer of Mokosh points

Mokosh Points accumulated by a customer through the Website cannot be transferred to a different customer, and cannot be sold, assigned or treated in any manner except as set out in these Terms of service.

Each Mokosh Reward membership can include only one customer, and it is not possible to merge different customer accounts into one membership. It is the customer’s responsibility to ensure we have only one customer account for you. If you have accidentally created more than one account, please contact us on contact@mokosh.com.au.

Redeeming rewards

Rewards, gifts, benefits and offers that are communicated as part of the Mokosh Rewards program may include terms and conditions, including expiry dates. Only Mokosh Rewards program members who receive our communications are eligible to redeem awards and other offers. All rewards and offers are subject to availability, and Mokosh is not liable for any rewards or offers not being available for any reason.

Mokosh Rewards vouchers are not valid with any other promotion, discount, voucher or sale. To redeem any $5, $10 or $20 voucher, your order value must equal or exceed $50, excluding shipping.

If you opt out of receiving Mokosh Rewards communications, you will not be eligible to receive any rewards from the program.

Mokosh reserves the right to change or withdraw the Mokosh Rewards program, rewards and giveaways and these terms at any time without notice. Mokosh reserves the right to cancel the Mokosh Rewards program and to change the Terms and Conditions at any time at its sole discretion. Any unclaimed rewards will be forfeited at this time.

Change of details

You should advise Mokosh of any change to your name or email address by sending an email to contact@mokosh.com.au. Mokosh is not responsible for any failure by you to notify us of a change of details which may result in you not receiving Mokosh Rewards communications and benefits.

Suspension or termination

Mokosh may suspend or terminate your participation in the Mokosh Rewards program without notice if you breach the Terms of Service, engage in conduct that is believed to be fraudulent in relation to the Website or your Mokosh Rewards account, engage in conduct that undermines the reputation or legitimate interests of Mokosh, supply or attempt to supply false or misleading information to Mokosh, engage in transferring, selling or acquiring Mokosh Rewards in a manner that is not in accordance with these Terms of Service, or act in a manner that is hostile to Mokosh staff or other customers.

Warranties and Liabilities

All warranties and conditions that may be implied under the general law as to the suitability, safety of fitness of any goods or services supplied under the Mokosh Rewards program are expressly excluded to the extent permitted by law. Where the benefit of any warranty or condition is conferred upon the customer to the extent permitted by law, Mokosh’s sole liability for breach of any such warranty or condition is limited to:

- where it applies to goods, supplying the goods or services again or payment of the cost of supplying the goods or services again.

- where it applies to allocation of points, to crediting the points to the customer’s account

- where it applies to a reward, the crediting the points redeemable for that reward to the customer’s account.

To the extent permitted by law, Mokosh will not be liable to the customer or any third party for:

- personal injury or death to the customer or any third person

- indirect or consequential damages, losses or liabilities

- loss, theft or destruction of a Mokosh Reward benefit

- delay in replacing a Mokosh Reward benefit

Mokosh will not be held liable to the customer or a third party for any delay or non-performance of its obligations under these Terms and Conditions arising from any cause beyond its control.

General

Mokosh reserves the right to change elements of the Mokosh Rewards program, and cease running the Mokosh Rewards program at any time without liability to the customer or a third party. Mokosh will endeavour to provide reasonable notice to customers of changes to the program by making posts on our website or through other means of communication, for example by sending an email to the address provided by the customer.

You are solely responsible for any imposed government tax, duty or other charge in respect of the Mokosh Rewards program.

12. Refer a Friend program Terms & Conditions

When you participate in our Refer a Friend program (a ‘Referrer’), you are subject to Mokosh’s Terms of Service and Privacy Policy.

When you refer a friend (‘Referred customer’) through our website, you and your friend may earn a $20 discount from your Mokosh order. Your friend must be a new customer to Mokosh for you and your friend to qualify for your $20 off. Your friend’s order value must equal or exceed $80, excluding shipping in order to use the $20 off.

To receive their $20 discount, your referred friend must sign up by entering their name and email, using the form which can be accessed via their referral email. When they have confirmed their subscription, they will receive an email with their unique $20 discount code, which can be redeemed when they place an order valued at $80 or more, excluding shipping, in our online store.

Once your referred friend makes their purchase of $80+ using the discount code, you will receive an email providing you with your $20 discount code. Your discount code can be redeemed when you place an order valued at $80 or more, excluding shipping, in our online store.

Refer a Friend discount codes are single use only, for both Referrer and Referred customer, however you may refer multiple friends to our store.

Refer a Friend discounts are not valid with any other promotion, discount, voucher or sale.

The Referrer and the Referred customer cannot be the same person, for example, the same person using a different email address.

The Refer a Friend program is for use by individuals only. Neither the Referrer nor the Referred friend can be a business entity.

Discount codes may be subject to expiry dates.

Mokosh reserves the right to close the account of any Referrer or Referred friend and request proper payment if there is an attempt to use the Refer a Friend program in a questionable manner, breaches any Terms and Conditions, these Terms of Service or is in violation of any law, statute or government regulation.

Mokosh reserves the right to cancel the Refer a Friend program and to change the Terms and Conditions at any time at its sole discretion. Any unclaimed rewards will be forfeited at this time.

Last updated January 2022