- By visiting and/or using the ecocaffe.com.au website and its associated services and functions you agree to be bound by this User Agreement (“Agreement”).
- This Agreement is formed between anyone who visits this Website (“you” and “your”) and EcoCaffe (“we”, “us” and “our”).
- If you do not agree to any provisions of this Agreement, you must not use the Website.
- We reserve the right to make changes to this Agreement from time to time at our sole discretion. These may take effect immediately. By continuing to use the Website following the making of the changes, you agree to be bound by the changes. You should check our Agreement and policies from time to time, especially when ordering goods, to acquaint yourself with the current versions of those documents.
Using Your Account
- In order to make purchases and access some features of the Website, you will need to be a registered member.
- You may not use another member’s account without their permission.
- When registering to become a member and activate an account, you must provide personal information such as your name and address, and a valid email address. You agree to provide accurate and complete information and to keep this information current.
- You are solely responsible for the activity that occurs on your account, and you must keep your account password secure.
- If you suspect or become aware of any unauthorised use of your account or that your password is no longer secure, you agree to notify us immediately.
- By making an on-line purchase you accept these terms and conditions and acknowledge that you:
- Are over 18 years of age, and/or
- Are entering into a legal contract with us.
- Should we suffer any loss or damage, as a result of a transaction entered into by a minor, we reserve the right to take legal action and seek compensation for such losses from the parents or guardians of the minor who caused the order to be placed.
Access to the Website
- We reserve the right to change (including to alter, remove or add functionality) the Website at any time. We do not guarantee that you will be able to access the Website in the same way or with the same equipment or software you used prior to the change.
- We may stop (temporarily or permanently) providing access to the Website to you, or to visitors or members generally, at our reasonable discretion and without prior notice to you. This will not affect any completed purchases that you have made.
- We may terminate your account or restrict your access to the Website without prior notice to you if we reasonably consider that there has been a breach of this Agreement by you.
Liability and warranty
- We will provide services with due care and skill but except to the extent required by law we do not warrant that the Website will be provided without fault or disruption. To the extent permitted at law and except as expressed to the contrary in this Agreement, we exclude all liability to you or anyone else for loss or damage of any kind, including consequential loss and damage (however caused or arising) relating in any way to the Website including, but not limited to, loss or damage you might suffer as a result of:
- errors, mistakes or inaccuracies on the Website;
- you acting, or failing to act, on any information contained on or referred to on the Website and/or any linked Website;
- personal injury or property damage of any nature resulting from your access to, and use of, the Website and any purchases made from the Website;
- any unauthorised access to or use of our secure servers and/or personal information and/or financial information stored on those servers;
- any interruption or cessation of transmission to or from our Website;
- any bugs, viruses, Trojan horses or other harmful code or communications which may be transmitted to or through our Website by any third party; and/or
- failures or deficiencies in relation to the merchantability or fitness for any purpose of any product or service appearing on any linked sites not operated by us or our related entities.
- Except if and to the extent only required by law or as otherwise set out in this Agreement, we do not warrant, endorse, guarantee or assume responsibility for any product or service advertised or offered by a third party at the Website or any linked Website or featured in any banner or other advertising. We will not be a party to or in any way responsible for monitoring any transaction between you and third party providers of products and services.
- Where any law implies a warranty into this Agreement which may not be lawfully excluded then to the extent allowed by law, our liability for breach of the warranty will be limited to the minimum remedy provided for in that law.
Purpose for Use
- You agree to use the Website only for purposes that are permitted by this Agreement and not prevented by any applicable law or regulation.
- You agree not to access (or attempt to access) any part of the Website by any means other than through the interface provided by us.
- You agree that you will not engage in any activity that interferes with or disrupts the Website or the servers and networks that host the Website.
- You agree not to, or attempt to, circumvent, disable or otherwise interfere with security-related features of the Website or features that prevent or restrict use or copying of any content or enforce limitations on the use of the Website or the content therein.
- You agree not to use, copy, distribute or commercialise content appearing on the Website except as permitted by this Agreement, by law or with our prior written consent.
- You understand and agree that any suspected fraudulent, abusive or illegal activity may be referred to appropriate law enforcement authorities.
Accuracy of Information and Suitability of Product
- Information about products on the Website is based on material and information provided by suppliers and manufacturers of products.
- To the extent permissible at law we disclaim any liability in respect of inaccuracies or errors in relation to products or services promoted at the Website including where caused by incorrect information supplied to us or as a result of manufacturers or suppliers changing product specifications without notice to us.
- You agree to make your own enquiries to assess the suitability of the products before you purchase and subsequently use.
Offer to Purchase
- The display of products on the Website does not constitute an offer to sell. It is an invitation to treat only.
- Orders placed by you are offers to purchase particular products under the terms and conditions in this Agreement at the price specified (including delivery and other charges).
- We reserve the right to accept or reject your offer for any reason (or no reason) including, but not limited to, the unavailability of any product, an error in the price or product description, or an error in your order.
- You may cancel your order only if we have not started processing it or otherwise with our prior consent. Where an order is cancelled in the permitted circumstances, we reserve the right to charge a cancellation fee of 20% of the purchase price or $25 (whichever is lower) being a genuine estimate of the administrative costs associated with the cancellation.
- Where a product is advertised as being subject to a maximum number of units that may be purchased, you may not purchase more than that maximum number. You agree and acknowledge that products sold through the Website are sold on the basis that you may not resell products purchased by you for commercial or trade purposes (including through any intermediary).
- The prices of products, delivery and other charges shown are in Australian Dollars and include GST where applicable.
- Unless stated otherwise at the Website, prices are valid only for the specified time period during which the products are advertised for purchase. If a product is advertised subsequently, its price may change.
- All payments must be received in full prior to dispatch of products
- If your payment is not received or declined by your bank or credit card issuer, we cannot hold products against your order.
- Subject to this Agreement, we will supply to you the products shown on your order confirmation.
- You understand that we will use our best endeavours to meet stated timeframes for dispatch and delivery, however many factors can affect these timeframes and we cannot guarantee that they will always be met.
- We do not allow personal pick up of products.
Ownership and Title
- We retain ownership of goods ordered through the Website until payment is received in full.
- Risk in goods, such as loss or damage, passes to you upon delivery.
Change of Mind
- Please choose carefully as we are not obliged to provide a refund or allow an exchange simply because you changed your mind about a purchase.
- We endeavour to depict products available for purchase using accurate images of the products. At times, however, products actually delivered may differ in appearance and packaging from their appearance in images and photographs on the Website.
- Because of limited resources and space considerations on the Website we are not able to provide descriptions of product ingredients or nutritional information relating to products available for sale. We recommend that you read the labels and instructions on products you purchase carefully prior to consumption or other use and use products accordingly.
- We reserve the right to notify you that products for which you place orders have become unavailable. Subject to clause 8, in the event that you order a product from the Website and we later inform you that we no longer stock the product you had originally ordered, we may do one of the following:
- provide you with a credit or refund to the value of the product that was not supplied to you including the delivery fee; or
- provide you with a substitute for the product of a quality and value equivalent to or greater than the originally ordered prod
- We will not refund or replace a product where in our reasonable opinion the product has following sale to you become of unacceptable quality due to fair wear and tear, misuse, failure to use in accordance with manufacturer’s instructions, using it in an abnormal way or failure to take reasonable care.
- The Website may include links to other websites, content or resources. These linked websites, content or resources may be operated by third parties and we may have no responsibility or control over them. The existence of these links does not imply that we endorse the linked Website, content or resource. You acknowledge that we do not represent that we have reviewed any of these third party websites, content or resources and we are not responsible for the material contained there.
- We reserve all intellectual property rights, including but not limited to, copyright in material and/or services provided by us. Nothing in the Agreement gives you a right to use any of our marketing material, business names, trademarks, logos, domain names or other distinctive brand features.
- You may not modify or copy the layout or appearance of the Website nor any computer software or code contained in the Website. You may not decompile or disassemble, reverse engineer or otherwise attempt to discover or access any source code related to the Website.
- If you correspond or otherwise communicate with us in circumstances where it is reasonable from the context of your communication to expect that you intend the correspondence or communication to be made accessible to other users of the Website, then you automatically grant to us an irrevocable, perpetual, non-exclusive, royalty-free, world-wide licence to use, copy, display and distribute the content of your correspondence or communication and to prepare derivative works of the content or incorporate the content into other works in order to publish and promote such content. This may include, but is not limited to, publishing testimonials on our Website and developing your ideas and suggestions for improved products or services we provide.
- In the event that we merge, sell or otherwise change control of our business or this Website to a third-party, we reserve the right, without giving notice or seeking any additional consent from you, to transfer, novate or assign the personal information, content and rights that we have collected from you and any agreements we have made with you.
- We shall not be liable for any delay in performing any of our obligations under this Agreement if such delay is caused by circumstances beyond our reasonable control.
- Jurisdiction and enforceability
- This Agreement will be governed by and interpreted in accordance with the laws of New South Wales, Australia. You irrevocably submit to the exclusive jurisdiction of the courts of the State of New South Wales, Australia.
- If any part of this Agreement is found to be void, unlawful or unenforceable then that part will be deemed to be severable from the balance of this Agreement and the severed part will not affect the validity and enforceability of any remaining provisions.
- If we do not exercise or enforce any right or provision under this Agreement, it will not constitute a waiver of such right or provision. Any waiver of any provision under this Agreement will only be effective if it is in writing and signed by us.