Terms and Conditions

PART A: GENERAL TERMS AND CONDITIONS

Thank you for visiting Miss Seafari! Please take a few minutes to read the information below about the legal Terms and Conditions that apply to your use of this website and any services or products that you order from us.

The site is owned and operated by Miss Seafari. If you visit or shop at Miss Seafari, you accept these terms. If you do not agree to these Terms and Conditions, you may not access or otherwise use this Website. Miss Seafari reserves the right, at its sole discretion, to change, modify or alter these Terms and Conditions at anytime with or without notice.

“Miss Seafari” and other marks indicated on our website are trademarks or registered trademarks of “Miss Seafari”, or its subsidiaries (collectively “Miss Seafari”), in Australia and/or other jurisdictions. “Miss Seafari” graphics, pictures, logos, page headers, button icons, scripts and service names are the trademarks or trade dress of “Miss Seafari”. “Miss Seafari” trademarks and trade dress may not be used in connection with any product or service that is not ‘Miss Seafari”, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits ‘Miss Seafari”. All other trademarks, logo’s or slogans not owned by “Miss Seafari” that appear on this website are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by “Miss Seafari”.

Website Use and Access

You agree to use the Website for lawful purposes only and that you are responsible for your use and communications on the Website. You also agree not to transmit or post through this Website anything that infringes the intellectual property rights of others, or violates local, state, national and international law. You agree not to use this Website in any way that may interfere with its normal operation or with any other users use and enjoyment of the Website. You agree not to transmit or post through this Website any infringing, unlawful, harassing, defamatory, vulgar, threatening, obscene, profane, indecent, offensive, hateful or objectionable material of any kind, including material that encourages criminal conduct or conduct that would give rise to civil liability.

In the event you register and/or purchase a product, you agree to provide true, accurate, current and complete information about yourself as prompted by the registration form. You are responsible for maintaining the confidentiality of your account and password. You agree to accept responsibility for all activities and charges that occur under your account or password. You agree to immediately notify Miss Seafari of any unauthorized use of your account or password or any other breach of security. You agree to ensure that you exit from your account at the end of each session.Miss Seafari reserves the right to refuse service, terminate accounts, remove or edit content or cancel orders at its sole discretion.

Electronic Communication from Miss Seafari

You agree that Miss Seafari may send electronic mail to you for the purpose of advising you of changes or additions to this Website, notifications about Miss Seafari products or services or for such other purpose(s) as Miss Seafari deems appropriate. You agree that all notices, disclosures, agreements and other communications that we provide to you electronically satisfy any legal requirement that such communication be in writing.

Privacy and Security

Miss Seafari is committed to providing our customers with the highest quality products and services. We use the information we gather from our interactions with you to improve your shopping experience. Because we respect your privacy, we have instituted policies intended to ensure that your personal information is handled in a safe, secure, and responsible manner.

When you shop at Miss Seafari, we obtain information from you in order to complete your transaction. This may include your name, address, telephone number, email address and credit card number. We use the information we collect to process your purchase transactions, to keep you informed about the status of your orders, to send you marketing and promotional materials by mail or e-mail and to improve our product assortments, customer service and overall shopping experience.

The security of your information is very important to us. Miss Seafari strives to protect your information and privacy on our Website, however no data transmission over the internet is 100% secure. We cannot guarantee or warrant the security of any information you disclose or transmit to us online. You also play a role in protecting your information. If you are using a public computer, we strongly encourage you to log out at the conclusion of your session. Because your password permits access to your personal information, please keep your password secret and do not disclose it to others.

Product and Pricing Information

Miss Seafari has made every effort to display our merchandise and their colors as accurately as possible, however the displayed colors of the products will depend upon the monitor in use and Miss Seafari cannot guarantee that the users monitor will accurately portray the actual colors of the products. Products displayed may be out of stock or discontinued. Miss Seafari reserves the right to change prices at any time and is not responsible for typographical errors regarding price or any other matter.

Offers

We may from time to time offer promotional offers on purchases made through our website www.missseafari.com.au. All offers and promotions are at Miss Seafaris’ sole discretion and are subject to variation or withdrawal without notice. Offers and promotions cannot be applied to previously purchased items. No two offers can be used in conjunction with each other.

Disclaimer of Warranties and Limitation of Liability

This site and all materials contained on it are distributed and transmitted on an “as is” and “as available” basis, without warranties of any kind, either expressed or implied, including, without limitation, warranties of merchantability or fitness for a particular purpose. Your use of the website is at your sole risk. Miss Seafari does not warrant that: (1) the contents of this site will be accurate, reliable or error free, or that any errors in such contents will be corrected; (2) that this website or its server are free of viruses or other harmful components; (3) that your use of this site will be uninterrupted.

Miss Seafari expressly disclaims all liability for product defect or failure claims that are due to normal wear, product misuse, abuse, modification and non compliance with any printed directions. Under no circumstances and under no legal theory (including but not limited to, negligence) shall Miss Seafari be liable to you or any other person for any damages, whether direct, indirect, special, incidental, consequential, punitive or otherwise that result from, arise out of, or are in connection with the use of or access to, or the inability to use or access, this site or its contents, even if Miss Seafari has been advised of the possibility of such damages.

Indemnification

You agree to indemnify, defend and hold harmless Miss Seafari from and against all claims, liabilities, losses, expenses, damages, and costs, including reasonable attorney’s fees, resulting from any violation of these Website Terms. Miss Seafari reserves the right to assume, at its sole expense, the exclusive defense and control of any matter subject to indemnification by you, in which event you will fully cooperate with Miss Seafari in asserting any available defenses.

Notice

Miss Seafari may deliver notice to you by means of e-mail, a general notice on the site, or by other reliable method to the address you have provided to Miss Seafari.

Termination

You agree Miss Seafari may suspend or terminate your access to part, or the entire Website, without notice, upon any believed breach of the Terms and Conditions, conduct that is a violation of any applicable law or is harmful to the interests of another user or Miss Seafari, at the sole discretion of Miss Seafari.

Typographical Errors

In the event that a Miss Seafari product is mistakenly listed at an incorrect price, Miss Seafari reserves the right to refuse or cancel any orders placed for product listed at the incorrect price. Miss Seafari reserves the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, Miss Seafari shall issue a credit to your credit card account in the amount of the incorrect price.

Miscellaneous

If any of these terms is unlawful, void, or for any reason unenforceable, then that term shall be deemed severable from the other terms and shall not affect the validity and enforceability of any remaining terms. These Terms and Conditions constitute the entire agreement between Miss Seafari and you relating to the subject matter herein. If you do not agree to these Terms and Conditions, please do not use this site. Miss Seafari shall have the right to change or modify these terms at any time.

Third-Party Links

In an attempt to provide increased value to our visitors, Miss Seafari may link to sites operated by third parties. However, even if the third party is affiliated with Miss Seafari, Miss Seafari has no control over these linked sites, all of which have separate privacy and data collection practices, independent of Miss Seafari. These linked sites are only for your convenience and therefore you access them at your own risk. Nonetheless, Miss Seafari seeks to protect the integrity of its website and the links placed upon it and therefore requests any feedback on not only its own site, but for sites it links to as well (including if a specific link does not work).

What information do we collect?

We collect information from you when you register on the site, place an order, enter a contest or sweepstakes, respond to a survey or communication such as e-mail, or participate in another site feature. When ordering or registering, we may ask you for your name, e-mail address, mailing address, phone number, credit card information or other information.

PART B: MISS SEAFARI LOYALTY PROGRAM TERMS AND CONDITIONS

Loyalty Program Changes

Miss Seafari may at any time make any changes to the Terms, Rewards or Benefits at its sole discretion, including but not limited to changes to rules governing: Program yearly accumulation of points & coupons, Standard Miss Seafari Loyalty points, expiry of Miss Seafari Loyalty points, and awarding of Miss Seafari Loyalty points.

Miss Seafari will provide at least 30 days prior notice on the Miss seafari website of any material changes to these Terms, Rewards or Benefits offered.

Termination and Transfer

Miss Seafari, may in its discretion, suspend, change or terminate your participation in the Loyalty Program (including points & coupons), if Miss Seafari reasonably believes that you breached these Terms; or

engaged or may engage in fraudulent conduct, or conduct that is suspected to be fraudulent, in relation to your Miss Seafari Loyalty Program Account or in a claim for allocation of Miss Seafari Loyalty points; or
engaged or may engage in inappropriate conduct that undermines the legitimate interests of Miss Seafari.
Where Miss Seafari intends to terminate your Loyalty Program account, Miss Seafari will provide you with written notice of such termination and you will have 14 days to rectify the breach. We will review any response you provide and will advise you of its decision.

In General

You can check your Miss Seafari Loyalty points, and transaction history, by visiting missseafari.com.au and access your Miss Seafari My Account on our home page. You will not be sent statements of transactions on any points reward.

The below purchases do not earn Miss Seafari Loyalty points. This list may change from time to time.

GST and Delivery charges.
Purchase of Sale items
Transactions that are reversed, such as refunds for purchases.

Redeemable rewards such as pay with points and discount coupons require a minimum of 250 points earned to redeem your rewards, with a minimum spend of $60.00 in one transaction. Maximum points allowable to be redeemed in one transaction is 1000 points. Redeemable coupons, only one per transaction can be applied at checkout.

Expiry of Points/Rewards/Coupons

Your points will be valid for use January to December in a calendar year, for after such time they will be invalid. You should use all of the Remaining point Value before the expiry date of December 31, after the expiry date unused value will become expired, and will no longer show in your accumulated points balance.

We will send a reminder email 30 days out from December 31, please ensure your Miss Seafari account details are up to date.

Privacy and Confidentiality

The Miss Seafari Privacy Policy explains how we handle the personal information that we may collect from you with respect to purchases, subscriber & loyalty rewards information. Our Privacy Policy can be found under company details on the bottom of our home page on our Miss Seafari website, www.missseafari.com.au

Terms Used

Lifetime points

Meaning your points accumulated since joining loyalty program, outstanding points expire the 1st January each calendar year.

Available Points

This is the total points achieved including those in a 30day exclusion period.

Redeemed Points

Points that have already been redeemed.

Latest Exclusion Points

Points waiting to be redeemed once the 30 days latest exclusion period is complete.

Redeemable Points

These are points available to use currently. A minimum of 250 points are required to redeem your rewards, with a minimum spend of $60.00 in one transaction. Maximum reward points redeemed in one transaction is 1000 points.

Redeemable Coupons, only one per transaction can be applied at checkout.

1 point = $1

Receive 1 POINT per $1.00 spent.

Latest Exclusion Period

These are terms and conditions of which loyalty points are able to be claimed;

Points earned for purchases, may be subject to a 30 day exclusion period, to coincide with our 30 day refunds policy.

Points earned through purchases can only be redeemed once the minimum points of 250 have been exceeded, and if stated 30 day exclusion period has passed, and meeting any minimum spend requirements as stated on the Loyalty Rewards Page.

Redeem $5 off coupon for 250 points

Redeem $10 off coupon for 500 points

Redeem $15 off coupon for 750 points

Redeem $20 off coupon for 1000 points

The redeemed coupons / pay by points cannot be used by anyone else but the account holder themselves as verified by their email address.

For more information see our Loyalty Rewards Page, found on our home page, if you have any question please email us on admin@missseafari.com.au