A.           Warning on Using the Products and Services of My Habitat

When you use the products or engage the services of My Habitatyou will become a party to a relationship where you will be the recipient of products or services from here on called you, your or the client and My Habitatwill be called the service provider, we or our in these terms and conditions of use.

Your use of our products, services, website and any other form of communications from My Habitatis at your own risk and we give no warranties. Please be warned that you may suffer adversely: you may not get the outcome you wanted or the outcome you desired, and you may suffer loss. My Habitatis not responsible for your loss or damage suffered as a result of your using our products, services, website or any other form of communications from My Habitat.You use these solely at your own risk and discretion.

Do not use this website or our products and services unless you have read these terms and conditions, and accept that they will govern your right to use and access the information on our website and all our products and services. By using our website, products and services, you signify your continued acceptance of these terms and conditions of use.

My Habitatreserves the right to change, modify, add or remove any part of these terms and conditions of use at any time and those changes shall take effect in respect of all subsequent uses by you of our products, services, website or any other form of communications from My Habitat.You should, therefore, check these terms every time you use our products, services, website or refer to any communication fromMy Habitatand only if you accept these terms and conditions of use should you proceed to access and use our products, services, website and any other form of communications from My Habitat.

Please check these terms and conditions of use regularly prior to using our website, products or services to ensure you are aware of any changes. We will try to highlight any significant or substantive changes to you where possible. If you choose to use My Habitat’s website, products and services then My Habitatwill regard that use as conclusive evidence of your agreement and acceptance that these terms govern yours and My Habitat’s rights and obligations to each other.

B.           My Habitat Sales Team

The client must provide sufficient information toMy Habitat to enable My Habitat to process the order, payment and delivery of our products to your specified address that is within Australia and at standard delivery rates that does not require additional charges for delivery to isolated or hard to reach locations. Once the client accepts the purchase price and makes the payment it would be deemed to be binding to these terms and conditions of use and the terms outlined in our invoice for our products and delivery terms to be undertaken. The client would be expected to make the appropriate payment according to the invoice for the products or service to be provided according to these terms and conditions and any variations as per our quotation and invoice for payment of the products purchased or services provided.

C.           Payment for Products and Services Provided

Payments are to be made at the time of ordering our products or services to be provided and must be made by direct deposit or EFTPOS transfer using our online payment process on our website or any other electronic means unless My Habitat is able and willing to accept any other form of payment. Payments made must have My Habitat’s invoice number; date of order and the name of the client included in the details of the payment transaction unless the transaction is made through one of My Habitat’s distributors, stockists or any other affiliates of My Habitat.

Distributors, stockists and other affiliates of My Habitatwho provide our products are authorised to discuss payment terms with our clients when this has been approved by the business owner, Kim Sloan.

D.          Competition and Consumer Act 2010 (Commonwealth)

For the purposes of Schedule 2 of the Australian Consumer Law, in particular sections 51 to 53, 64 and 64A of Part 3-2 Division 1 Subdivision A of the Competition and Consumer Act 2010 (Cth), My Habitat’s liability for any breach of a term of any service provision is limited to:

  1. The supplying to you of the products or services again; or
  2. The payment of the costs of having the products and services supplied to you again.

My Habitat’s liability is, in all cases, limited and will not exceed, in any instance, the amount paid by you for products purchased or services provided from My Habitatthrough any means whether by direct contact or the website owned by My Habitator any other form of communication used by My Habitat, including their distributors, stockists and any other affiliates of My Habitat.

E.           Your Privacy

At My Habitatwe are committed to protecting your privacy. We use the information we collect about you to maximise the products and services that we provide to you. My Habitatrespects the privacy and confidentiality of the information provided by our clients and adheres to the National Privacy Principles established pursuant to the Privacy Act 1988 (Commonwealth). Please read our separate Privacy Policy carefully as using our website, products or services or any other form of communication from My Habitatwould deem that you have read and accepted our Privacy Policy. 

F.            Link to Other Websites and Affiliated Companies

My Habitatmay from time to time provide on its website links to other websites and information on those websites for your convenience. This does not necessarily imply sponsorship, endorsement, or approval or arrangements between My Habitatand the owners of those websites. My Habitattakes no responsibility for any of the content found on the linked websites. My Habitat’s website may contain information provided by third parties for which My Habitataccepts no responsibility whatsoever for information or advice provided to you directly by third parties. We are not providing any advice, nor do we take any responsibility for any advice or other services or products purchased or received by you from those third parties in this regard, for which the third party shall be wholly responsible to you.

G.          Important Disclaimers

My Habitatabsolutely disclaims all warranties, expressed or implied, including, but not limited to, implied warranties of merchantability and fitness for any particular purpose. My Habitatgives no warranty that the products and services you purchase will be free of errors, or that defects will be corrected or that our website or its server is free of viruses or any other harmful components. Whilst we, at all times, endeavour to have the most accurate, reliable and up-to-date information on our website, My Habitatdoes not warrant or make any representations regarding the result of the use of any link or information in its website or as to their correctness, suitability, accuracy, reliability, or otherwise. It is your responsibility and not the responsibility of My Habitatto bear any or all entire costs of servicing, repairs, or correction. The applicable law in your jurisdiction may not permit these exclusions, particularly the exclusions of some implied warranties. Some of the above may not apply to you but you must ensure you are aware of any risk you may be taking by using this website and our products and services. It is your responsibility to do so.

H.          When We May be Required to Disclose Your Information

My Habitatmay be required, in certain circumstances, to disclose information in good faith and where My Habitatis required to do so in the following circumstances:

  1. By law or by any court;
  2. To enforce the terms of any of our clients’ agreements; or
  3. To protect the rights, property or safety of My Habitat,its employees, its clients or third   parties.

Please read our Privacy Policy to ensure that you are fully aware of all our policies regarding the privacy and use of any information any of our clients provide to My Habitatto carry out supply of our products and services for our clients to use.

I.             Jurisdiction

These terms and conditions and the use of our website or any other form of communication that My Habitatmay use from time to time will be governed by and construed in accordance with the laws of the state of Queensland and Australia. If there is a dispute between our clients or any other party with My Habitatthat results in the need for the resolution of any dispute, then it must be submitted to the non-exclusive jurisdiction of the courts of the state of Queensland and federal courts located in Queensland in Australia.

J.             Exclusion of Competitors

If you are in the business of providing cleaning products for a charge to clients including our current and previous employees, whether they be business clients or domestic clients then you are a competitor of My Habitat.My Habitatexpressly excludes and does not permit you to use or access our website, to download any information from our website or obtain any such information through a third party. If you breach this term, then My Habitatwill hold you fully responsible for any loss that it might sustain and further holds you accountable for all profits that you might make from such non-permitted and improper use. My Habitatreserves the right to exclude and not permit any person from using its communication material including our website or any of the information contained on it.

Clients are not permitted to enter into any form of agreement with our current or previous employees to provide cleaning products within 12 (twelve) months from date of termination of service with My Habitatunless this is approved by My Habitatin writing and agreed to with the client concerned and the employee of My Habitatwhether current or previously employed by My Habitat.

K.           Limitation of Liability

It is an essential pre-condition to you using My Habitat’s products, services and website that you agree and accept that My Habitatis not legally responsible for any loss or damage you might suffer related to your use of our products, services and website, howsoever arising. Your use of our products, services and website is at your own risk. If you use our products, services and website incorrectly, you may suffer adversely: you may not get the product usage outcome that you wanted or the outcome you desired, and you may suffer loss as a result. My Habitatis not responsible for any loss or damage you may incur, however, it may arise by using My Habitatand its products, services or website or any other form of communication from My Habitat

If you are unsure as to any of the terms or any of the information provided by My Habitator how it applies to your specific circumstances then you should consult your legal adviser (solicitor, barrister, paralegal etc.).

L.            Dispute Resolution

Any dispute or difference arising out of or in connection with the provision of products or services by My Habitat which cannot be settled by My Habitatwithin 30 (thirty) days will be referred to arbitration or to the local Sheriff for the collection of any outstanding invoices for products or services provided by My Habitator their associated or affiliated companies.

M.        Length of Service Provision

The agreement to engage the services of My Habitatfor the provision of their products will be based on the terms and conditions outlined in this document, the quotation and invoice for products and services provided. 

Any variations to the provisions of our products or services will be covered with a revised quotation and these variations noted in the invoice for the products provided or services rendered.

N.          Termination of Service Provision

The recipient of My habitat’s products or services must provide 24 (twenty-four) hours’ notice toMy Habitatbefore the time set for the provision of the services or products to be provided to commence to avoid a cancellation fee.

Cancellation Fees will apply if My Habitat is not notified in accordance to this requirement and the current Cancellation Fee is $100.00 (AUD).

  1. Refund Policy

As payment is usually made before the provision of our products and services a replacement policy would apply if the products were damaged through the delivery process and verified by the company responsible for the delivery of our products to the client. Our replacement policy would become effective when the delivery company takes responsibility for the cost of replacing the products damaged by them or any other company affiliated or associated with the delivery company responsible for the products being damaged as a result of poor handling during the delivery process.

A refund is not applicable under any circumstances as My Habitat products are made in good faith to meet our strict quality standards. It remains the client’s responsibility to ensure that our products meet their needs before placing their order and making payment for our products for delivery to their specified address that My Habitat would be able to delivery at a reasonable cost within Australia as outlined under point G on Important Disclaimers. If there is a dispute it would be dealt with in accordance with our Dispute Resolution terms.

All products sold by our distributors, stockists, affiliated or associated companies would be covered by the terms and conditions of use of the respective companies from which the products or services were purchased.

  1. Whole Terms and Conditions

These terms and conditions represent the whole agreement between the client and My Habitat concerning their purchase of products or use of our services and use of the website or any other form of communication used by My Habitat when a quotation or invoice is accepted by a client. No other term is to be included except where it is required to be included by any legislation of the Commonwealth of Australia or the state of Queensland in Australia. All implied terms except those implied by statute and which cannot be expressly excluded are hereby expressly excluded.

  1. Exclusion of Unenforceable Terms

Where any clause or term above would by any applicable statute be illegal, void, or unenforceable in any jurisdiction then such a clause shall not apply in that jurisdiction and shall be deemed never to have been included in these terms and conditions in that jurisdiction. However, if any clause above is legal and enforceable in any other jurisdiction, it shall continue to be fully enforceable and part of this agreement in those other jurisdictions. Any deemed exclusion of any term pursuant to this paragraph shall not affect or modify the full enforceability and construction of the other clauses of these terms and conditions.

  1. Contact Us

If you would like further information about our terms and conditions of use or about our products and services, please contact our office at:

My Habitat Terms & Conditions of Use has been complied according to current legislation but please note errors & omissions are excepted (E&OE).