INTRODUCTION

Miabelle website is owned and operated by Moissanite Pty. Ltd., and is herein referred to and/or 'the website' and/or 'the site'. Access to the website is subject to the user's acceptance and agreement with the terms, conditions, notices and disclaimers contained herein. Use of, and/or access to, the website constitute agreement to the Terms of Use. Moissanite Pty. Ltd., as the owner Miabelle website and branding, is herein referred to as "the Company" The Company reserves the right to amend the Terms of Use at any time. Since users are bound by the Terms of Use, they should periodically refer to them in this document and elsewhere on the website.

Registration

When you register as a user of the Miabelle \website, you agree to the entirety of our Terms of Use, on this page.

Purchasers of Miabelle Jewellery

As a registered user, you will have access to purchase Miabelle jewellery from our shopping gallery. When you purchase Miabelle jewellery, you are also accepting to the Terms and Conditions of Sale, which are included herein.

TERMS AND CONDITION OF USE

Privacy Policy

The Company warrants that all personal information submitted by visitors to the website will remain the confidential property of the site owners and will not be intentionally sold or given to any third party under any circumstances.

Information, Prices and Stock Levels

Prices and information of each jewellery piece on the Miabelle website and in store are subject to change at Managements discretion without notice. Whilst the Company endeavours to keep the website constantly updated and accurate in terms of information, prices and stock levels, it is possible that an item may not have been updated at the particular time of purchase. In such rare cases, the Company will notify you as soon as the Company receives the order, and will see how you - the customer - would like to proceed. For the most accurate information on a piece of jewellery, please contact the Company directly.

Restrictions on use of content and intellectual property the website

All materials, text, graphics, information, software and advertisements on the website is Copyright © 1998 - 2004 The Company, the authors and managers and partners and/or licensors unless expressly indicated otherwise on the website. The content is protected by International and Australian trademark and copyright laws. The contents of the website is published in real-time, must not be copied, reproduced, modified, republished, uploaded to a third party, transmitted, posted or distributed in any way, electronically or otherwise, without the express authorisation of The Company, except where authorised on the website, or is expressly authorised in writing by The Company or its authorized partners or members. Strictly on the condition that users keep all content intact and in the same form as presented on the website (including without limitation all copyright, trademark and other proprietary notices and all advertisements), users may: a) using an industry-standard Web browser, download and view the content for personal, non-commercial use, or b) Internet service and/or access providers, may supply the content to subscribers. The website must not be used in any manner or for any purpose, which is unlawful, or in any manner which violates any right of The Company or a partner or member or which is prohibited by the Terms of Use.

Public use of the website

The Company website contains facilities by which members of the community, businesses and other organisations can provide information, offers, notices and other information to other users. It is a condition of use of any such facility that none of the following occurs: restrict or inhibit any other user from using or enjoying any public communication facility; post or transmit any unlawful, threatening, abusive, defamatory, obscene, vulgar, pornographic, profane or indecent information or material of any kind, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offence, give rise to civil liability or otherwise violate any applicable law; post or transmit any material of any kind which violates or infringes upon the rights of any other person, including material which is an invasion of any privacy or publicity rights or which is protected by copyright, trademark or any other proprietary right, or derivative works with respect thereto, without first obtaining permission from the owner or relevant right holder; post or transmit any material of any kind which contains a virus or other harmful component; delete any author attributions, legal notices or proprietary designations or labels in any file that is uploaded; or download any file posted by any other user of a public interface if the user knows, or reasonably ought to know, that the file cannot legally be distributed in such manner. The Company will monitor and review the contents of the website. While it reserves its right to edit, refuse to post or to remove any information and/or materials (in whole or in part) that in the opinion of The Company is in any way objectionable or in violation of any applicable law or the Terms of Use, The Company has no obligation whatsoever to monitor any content submitted by the public or to edit, delete or refuse to post such contents, nor is The Company responsible for any contents in any content (including any information, comments and/or advice of any individual whose statements on the website are solely their own). The user expressly acknowledges and agrees that the website provides a means of public and not private communications. The Company reserves the right to co-operate fully with any law enforcement authority in any jurisdiction in respect of any lawful direction or request to disclose the identity or other information in respect of anyone posting any materials which violate any applicable or relevant law.

User licence to The Company

By posting any information or other material on the website (including posting messages, uploading files, inputting data or engaging in any other form of communication), the user grants to The Company a perpetual, royalty-free, non-exclusive, irrevocable, unrestricted, worldwide licence to do the following in respect of the information or material: 1. Use, copy, sublicense, redistribute, adapt, transmit, publish and/or broadcast, publicly perform or display, and 2. Sublicense to any third parties the unrestricted right to exercise any of the foregoing rights granted. The foregoing grant includes the right to exploit all proprietary rights in any such information or other material including but not limited to rights under copyright, trademark, service mark or patent laws under any jurisdiction worldwide. The user expressly waives in favour of The Company and any other party authorised by The Company all moral rights and any similar rights in any jurisdiction, which the user may have or hereafter acquire in respect of any relevant communication or other material. At the request of The Company, and expense of the user, the user will execute and deliver to The Company such instruments and take such other actions as may be required to carry out this grant of licence and waiver.

Advertising, links to third party websites and e-commerce offers

The website contains hyperlinks and other pointers to Internet websites operated by third parties. These linked websites are not necessarily under the control of The Company, and The Company is not responsible for the contents of any linked website or any hyperlink contained in a linked website. The Company provides these hyperlinks to users as a convenience only, and the inclusion of any link does not imply any endorsement of the linked website by The Company or its partners or members. The user links to any such website entirely at their own risk. The website also contains third party advertisements (including banner ads other advertising material) which contain embedded hyperlinks or which include referral buttons to websites operated by third parties or their licensees or contractors. All third party advertising (including referral buttons and embedded hyperlinks) may or may not be paid for by the relevant third party advertisers and are not recommendations or endorsements by The Company or its partners or members or their respective directors or employees. The user is referred to the relevant advertiser for all information regarding the advertiser and its products and/or services. In some instances, the advertisement will contain representations or offers by the third party advertiser, which the user can accept by linking to the advertiser's website and executing the relevant transaction. Such offers are not necessarily made by The Company, and the third party advertiser is solely responsible to the user for the delivery of any goods or services the user purchases on the third party website. The product prices listed in any associated website are the responsibility of the relevant retailer and are accurate at the time of upload. They are subject to change without notice by the retailer. The Company is not liable for the prices or price changes, including where price changes have not been reflected on the associated sites. The use of associated sites is subject to The Company terms of use.

Limitation of liability and Disclaimer

The Trade Practices Act and similar State and Territory Legislation in Australia, may confer rights and remedies on the user in relation to the provision by The Company of goods or services on the website which cannot be excluded, restricted or modified ("Non-excludable Rights"). The Company does not exclude any Non-excludable Rights but does exclude all other conditions and warranties implied by custom, law or statute. Except as provided for by the Non-excludable Rights: a) all Content is provided "as is" and without warranties of any kind, either express or implied, b) The Company and its suppliers expressly disclaim all warranties of any kind including but not limited to implied warranties of merchantability and fitness for a particular purpose, c) The Company does not warrant that the functions contained in any content or any public interface or user access to the website will be uninterrupted or error-free, that any defects will be corrected or that the website or the server which stores and transmits content to the user are free of viruses or any other harmful components, d) The Company does not warrant or make any representation regarding the users access to, or the results of the users access to, the website (including any related or linked websites) or any content in terms of correctness, accuracy, timeliness, completeness, reliability or otherwise, and e) the user (and not The Company) assume the entire cost of any necessary verification, maintenance, repair and/or correction of any relevant content. Under no circumstances (including but not limited to any act or omission on the part of The Company) will The Company or its partners or members be liable for any indirect, incidental, special and/or consequential damages or loss of profits whatsoever which result from any use or access of, or any inability to use or access, the website or any content. The user expressly acknowledge and agrees that The Company does not exert control over users of the website and is not liable either for their opinions or their behavior including any information and/or advice and any defamatory statements or offensive conduct. To the fullest extent permitted by law, The Companys' liability for breach of any implied warranty or condition which cannot be excluded is limited at the option of The Company to the following: in the case of services supplied or offered by The Company, (a) the supply of the services again, or (b) the payment of the cost of having services supplied again; and in the case of goods supplied or offered by The Company, (c) the replacement of the goods or the supply of equivalent goods, (d) the repair of such goods, (e) the payment of the cost of replacing the goods or acquiring equivalent goods, or (f) the payment of the cost of having the goods repaired.

Termination

The Terms of Use are effective until terminated by The Company, and The Company may terminate this agreement and users' access to the website at any time without notice. In the event of termination, users are no longer authorised to access the website, but all restrictions imposed on the user, licenses granted by the user and all The Company disclaimers and limitations of liability set out in the Terms of Use will survive.

Miscellaneous

The Company relies on the user's continued observance of these Terms of Use. If The Company suffers any loss or damage or incurs any costs in connection with any breach of these Terms of Use or any other legal obligation then the user agrees to indemnify The Company for those losses, damages and costs. This agreement will be governed by and construed in accordance with the laws the Australian Capital Territory, Australia, where The Company is hosted. The user irrevocably and unconditionally submits to the non-exclusive jurisdiction of the courts of the Australian Capital Territory. If any provision of this agreement is found to be invalid or unenforceable by a court of law, such invalidity or unenforceability will not affect the remainder of the agreement, which will continue in full force and effect. All rights not expressly granted herein are reserved.

TERMS AND CONDITIONS OF SALE

DEFINITIONS

"Seller" means Miabelle or the company Moissanite Pty. Ltd ABN:95 008 324 who owns the brand 'Miabelle'.

"Buyer" means the person who buys Goods from the Seller.

"List Price" means the list of prices of the goods maintained by the Seller as amended from time to time;

"Goods" means the products or services that the buyer agree to buy from the Seller;

"Good and Services Tax" means the broad based indirect tax payable under the GST legislation;

"Business" means the business of manufacturing and selling jewellery.

PRICE AND PAYMENT

The price of the Goods shall be that stipulated in the Seller's current List Price or on the Seller's website, as contained in the Seller's Quotation (as applicable) at the date of order or as agreed between the parties. The price is ex-Sydney or F.O.B Miabelle's suppliers exclusive of any delivery or freight charges and any type of custom and other charges from the Buyer's country port. Prices include a GST of 10%. Prices for export will exclude GST of 10%; Payment of the total purchase price (including delivery or freight charges) must be made in full before dispatch of the Goods. Trading terms can be arranged by mutual agreement; Payment by Credit Card may incur a surcharge. All prices and changes are subject to alteration without notice.

ABILITY TO SUPPLY

Any delivery date stated, is approximate only. The Seller will make reasonable efforts to have the Goods delivered or the services provided to the Buyer on the date agreed between the parties. Miabelle shall be under no liability whatsoever should delivery or provision not be made on the date agreed.

INSURANCE

The Seller does not insure goods in transit against loss or damage unless a specific agreement to do so is made in writing. Charges for agreed insurance will be debited to the Buyer's account.

ACCEPTANCE

Acceptance of delivery of the Goods shall be deemed conclusive evidence of the Buyer's acceptance of these Terms and Conditions.

USE OF NAMES AND MARKS

Buyer may only use the Marks and names of Miabelle in accordance to the guidelines. If Miabelle advises that it wishes to modify or discontinue use of any of the Marks, or use one or more additional or substitute names or marks Buyer agrees to do so upon notification by Miabelle at Buyer's own expense.

CONFIDENTIALITY

Buyer and Miabelle shall treat the Terms and Conditions of Sale as confidential and shall not disclose such terms to any third party for any purpose without the prior written consent of the other party or as required by applicable law

ASSIGNABILITY

Buyer shall not assign, delegate, sub license, or otherwise transfer its rights and obligations under this Agreement without the prior written consent of Miabelle. Any attempted assignment of sub license by Buyer without Miabelle's prior written consent shall be void and of no force and effect, and shall constitute a material breach of this Agreement.

BINDING EFFECT

This agreement shall be binding upon and shall inured to the benefit of the parties hereto and their respective legal successors and permitted assignees.

LIMITED WARRANTY

Miabelle warrants that its goods are free from defects caused by faulty manufacture or materials. If any of its goods are so defective, Miabelle's liability will be limited (as its option) to either supply of replacement goods or reimbursement of the purchase price. Nothing in the warranty, however, shall be construed as affecting any rights the buyer may have under the Trade Practices Act or any other Commonwealth or State Legislation, which gives the buyer rights which cannot be modified or excluded by agreement. To the fullest extent permitted by law Miabelle will not be liable to the Buyer for loss of profit or other economic loss; direct, indirect or consequential loss; special, general or tother damages; or expenses or costs arising out of any breach of warranty or contract or any common law duty (including negligence) by Moi Moi, its agents or employees.

GOVERNING LAW AND LANGUAGE

This agreement shall be construed in accordance with and governed by, the laws of the State of New South Wales and the parties hereby consent to the jurisdiction of the courts of the said State and the Federal Court of Australia.