Effective date: 26th June 2026
These Terms and Conditions apply to your use of the Misti website at https://www.misti.com.au/ and to any respiratory products, downloadable materials, information, or services that may be offered by Misti Pty Ltd ABN 55 659 820 818 of 655 Elizabeth St,Melbourne VIC 3000 (“Misti”, “we”, “us”, “our”).
By accessing or using our website, or by using any information, products, downloadable materials or services made available by us, you agree to be bound by these Terms and Conditions, together with our Terms of Use, Privacy Policy and Returns Policy. If you do not agree, please do not use our website or any of our products or services.
Users must be 18 years or older to use our services or purchase our Products.
The information on this website is provided for general informational and educational purposes only. It is not intended to diagnose, treat, cure or prevent any disease or medical condition.
We do not provide medical advice through this website. The information on the website, including information about health conditions, products and treatments, should not be relied on as a substitute for advice from a pharmacist, doctor or other qualified health professional.
Always read product labels carefully and use Products only as directed. If you have any questions about a medical condition, treatment, dosage, pregnancy, breastfeeding or suitability of a Product, please seek professional advice before using it.
Any respiratory wellness information on this website is provided in summary form only. We make reasonable efforts to ensure the information is accurate and current, but we do not guarantee that it is complete, suitable for your circumstances or free from error.
You are responsible for deciding whether the information and Products on this website are appropriate for you, and for obtaining independent professional advice where needed.
Before using any Product, you should consider your own health circumstances and seek advice from a qualified health professional where appropriate.
By using our Products, you acknowledge that use may involve risks depending on your personal circumstances. To the maximum extent permitted by law, you accept responsibility for your own use of the Products and for following any instructions provided by us or on the product packaging.
We do not guarantee that any Product will achieve any particular result or be suitable for every person.
Any testimonials displayed on the website are individual experiences only and do not guarantee the same or similar results for you. Results may vary.
We may collect personal information and health information in accordance with our Privacy Policy. This may include your name, contact details, age range, height, weight, exercise levels, medical history, medication use and supplement use, where reasonably required to provide our Products or services.
You warrant that the information you provide to us is true, accurate, current and complete to the best of your knowledge.
We may contact you by email about our Products, services and updates. You can opt out of marketing emails at any time by using the unsubscribe link or contacting us at [email protected] .
Any descriptions or images of Products on the website are provided as a guide only. We make reasonable efforts to ensure they are accurate, but errors may occur. If an error is identified, we may correct it at any time.
All Products are subject to availability. If a Product is unavailable, we will contact you as soon as reasonably practicable if relevant to your enquiry or order.
Your rights under the Australian Consumer Law are not excluded by these Terms and Conditions.
If a Product is faulty, damaged, not as described or does not comply with a consumer guarantee, you may be entitled to a repair, replacement or refund in accordance with Australian Consumer Law.
If you believe a Product is defective, please contact us promptly at [email protected] .
Change-of-mind returns are not accepted unless required by law or stated in our Returns Policy.
Nothing in these Terms and Conditions excludes, restricts or modifies any rights or remedies you may have under the Australian Consumer Law or any other applicable law that cannot be excluded.
To the maximum extent permitted by law, Misti is not liable for indirect, incidental, special or consequential loss arising out of or in connection with the website or Products.
Where liability cannot lawfully be excluded, our liability is limited, at our option, to the replacement of the Product, repair of the Product, resupply of the services, or refund of the relevant amount paid, as applicable and permitted by law.
You agree to indemnify and hold harmless Misti, its officers, directors, employees, contractors and related entities from and against claims, losses, liabilities, costs and expenses arising from:
This indemnity does not apply to the extent a claim is caused by our negligence, breach of law or misconduct.
We handle personal information in accordance with the Privacy Act 1988 (Cth) and the Australian Privacy Principles. Where we collect health information, we also comply with the Health Records Act 2001 (Vic) and the applicable Health Privacy Principles.
Our Privacy Policy forms part of these Terms and Conditions.
We comply with applicable Australian child safety and child protection laws to the extent they apply to our website, Products and services.
These Terms and Conditions are governed by the laws of Victoria, Australia. You submit to the non-exclusive jurisdiction of the courts of Victoria.
We are not responsible for delay or failure to perform our obligations where the delay or failure is caused by events beyond our reasonable control, including natural disasters, war, terrorism, industrial action, transport disruptions, communication failures, shortages of materials or governmental action.
If any provision of these Terms and Conditions is found to be invalid or unenforceable, that provision will be read down to the extent necessary or severed, and the remaining provisions will remain in full force.
If we do not enforce a provision at any time, that does not mean we waive our right to enforce it later.
You may not assign your rights or obligations under these Terms and Conditions without our prior written consent. We may assign our rights and obligations at any time.
We may update these Terms and Conditions from time to time by publishing the revised version on the website. Continued use of the website after publication means you accept the updated Terms and Conditions, to the extent permitted by law.
You consent to receive communications from us electronically, including notices, disclosures and agreements sent by email or posted on the website. Electronic communications satisfy any legal requirement that they be in writing, to the extent permitted by law.
These Terms and Conditions, together with our Terms of Use, Privacy Policy and Returns Policy, form the entire agreement between you and us in relation to the subject matter of these Terms and Conditions.
