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TERMS AND CONDITIONS

Australian Tea Company are in the business of sourcing great tea, but, as in any business, we have to get the legal bits right. So here are our terms and conditions which will apply if you are using this site and/or placing an order with us. Spend a few moments with your favourite cuppa to read these terms and conditions as well as our privacy policy before placing your order. These terms apply to goods ordered via the internet or by phone. We reserve the right to vary these terms and conditions at any time, but in respect of any ordered goods, the terms and conditions which apply shall be those which you accepted when placing your order.

This websites www. australianteaco.com and  www. australianteaco.com.au  are owned and operated by Australian Tea Company (the “Website Owner”); Registered office at 23/131, Adelaide Tce, East Perth, Australia. The Website Owners, including subsidiaries and affiliates (or “we” or “us” or “our”) provides the information contained on this Website or any of the pages comprising the Website to visitors (“Visitors”) (cumulatively referred to as “you” or “your” hereinafter) subject to the terms and conditions set out in these website terms and conditions, the privacy policy and any other relevant terms and conditions, policies and notices which may be applicable to a specific section or module of this website. These Terms of Use (Terms) govern your use of our Site and form a contract between you and us if you use the Site. Please read these Terms carefully. Your use of the Site indicates that you have had sufficient opportunity to access the Terms and that you have read and accept the Terms.

Use of the website

To register with www. australianteaco.com and  www. australianteaco.com.au and purchase goods from our website, you must be over eighteen years of age. You must ensure that the details provided by you on registration or at any time are correct and complete. You must inform us immediately of any changes to the information that you provided when registering, by updating your personal details. You must give us your real name, address, phone number, email address and any other details that we may require to process your order.

We reserve the right to:- decline a new customer registration or suspend a customer’s account at any time and at our sole discretion- in our absolute discretion, to terminate your access to all or part of the services with or without notice- in our absolute discretion, to discontinue the website or services, or any part thereof, at any time, with or without notice

Website changes and update

In order to keep our website as accurate and as up to date as reasonably possible, it may be necessary, from time to time, to restrict access to the site in order to undertake necessary maintenance work. We will make every effort to ensure that any down time or restricted access is kept to a minimum. Registration data and certain other information about you is subject to our privacy policy. We recommend that you read our privacy policy before you accept these terms and conditions.

Availability

Goods are subject to availability. Our acceptance of your offer to purchase our goods is subject to their availability. Our acknowledgement of order acceptance via the web or email is not a guarantee of delivery. If we are unable to deliver the goods which you have offered to purchase, we will let you know as quickly as possible and a full refund will be given. Orders that include sale items may be sent incomplete if certain sale lines are out of stock. Your card will be refunded and you will be notified as above.

Placing an order and order acceptance

The Order Acknowledgement email and order number are our confirmation of your order with us. Completion of the contract between you and us will take place on dispatch to you of the products ordered, unless we have notified you that we do not accept your order, or you have cancelled it. Our carrier will make every reasonable effort to contact you to make delivery, but, if they are unable to do so, then your order will be cancelled and payment refunded to your card.

Payment

We take payment from your card at the time we receive your order, once we have checked your card details and stock availability. Payment must be made with a valid credit or debit card acceptable to us. The address at which the card is registered must be the same as your billing address. You can register a new payment card at any time, but the card associated with a given order cannot be changed once you have checked out. To ensure that your credit, debit or charge card is not being used without your consent, we will validate name, address and other personal information supplied by you during the order process against appropriate third party databases. By accepting these terms and conditions you consent to such checks being made. In performing these checks, personal information provided by you may be disclosed to a registered credit reference agency which may keep a record of that information.

Delivery

Provided that we have processed and received payment in full for the products, ownership of an item will pass to you once we have delivered the item to you (either directly, or by leaving it in a safe place or with a neighbour). When an item has been delivered, risk of damage to, or loss of, the item passes to you. For specific delivery options, including international order delivery, please read our delivery section.

Please note; all cheeky deals, existing discounts, bundles and offers are excluded from further discount. Discount codes will not apply to any existing offers or promotions.

Intellectual property and copyright

The content of the www. australianteaco.com website is protected by copyright, trademarks, database and other intellectual property rights. You may retrieve and display the content of the website on a computer screen, store such content in electronic form on disc (but not any server or other storage device connected to a network) or print one copy of such content for your own personal, non-commercial use, provided you keep intact all and any copyright and proprietary notices. You may not otherwise reproduce, modify, copy or distribute or use for commercial purposes any of the materials or content on the website without written permission from Australian Tea Co.

Limitations

This website and any software are provided on an “as is” basis, without warranties of any kind, either express or implied, including, without limitation, implied warranties of merchantability, fitness for a particular purpose or non-infringement.

Indemnity

You agree to indemnify and hold Australian Tea Co. harmless from all liabilities, claims and expenses that arise out of the content you submit, post or transmit via the Australian Tea Co website, or from your use/misuse of the website, or the use/misuse by any person for whom you are responsible or from your violation of the terms and conditions.

Disclaimer of Liability

The Website Owner shall not be responsible for and Disclaims all liability for any loss, liability, damage (whether direct, indirect or consequential), personal injury or expense of any nature whatsoever which may be suffered by you or any third party (including your company), as a result of or which may be attributable, directly or indirectly, to your access and use of the website, any information contained on the website, your or your company’s personal information or material and information transmitted over our system. In particular, neither the Website Owner nor any third party or data or content provider shall be liable in any way to you or to any other person, firm or corporation whatsoever for any loss, liability, damage (whether direct or consequential), personal injury or expense of any nature whatsoever arising from any delays, inaccuracies, errors in, or omission of any share price information or the transmission thereof, or for any actions taken in reliance thereon or occasioned thereby or by reason of non-performance or interruption, or termination thereof.

Visitor Registration

Visitors will need to register with the Website in order to use some of the services or features made available on this Website. When you register, you are required to provide information about yourself that is true, accurate, current and complete in all respects. Should any of your registration information change, please notify us immediately either using the Website’s automated service, or via e-mail at info@australianteaco.com. We may change registration requirements from time to time.

Governing law

Any relevant terms and conditions, policies and notices shall be governed by and construed in accordance with the laws of Western Australia without giving effect to any principles of conflict of law. You hereby consent to the exclusive jurisdiction of the courts of Western Australia in respect of any disputes arising in connection with the website, or any relevant terms and conditions, policies and notices or any matter related to or in connection therewith.

General Terms

1. Information: The information, including statements, opinions and documents contained in this Site (Information) is for general information purposes only. Any reliance you place on the Information is at your own risk.

2. Amendment: The Information and Terms may be amended without notice from time to time in our sole discretion. Your use of our Site following any amendments indicates that you accept the amendments.

3. Your warranties: You warrant to us that you have the legal capacity to enter these Terms and form a contract, and that you have read and understood the Terms, before using the Site.

4. License to use the Site: We grant you a non-exclusive, royalty-free, revocable, worldwide, non-transferable right and licence to use the Site for your personal, non-commercial use, in accordance with the Terms. All other uses are prohibited without our prior written consent.

5. Prohibited Conduct: You must not:

(a) Use the Site for any activities, or to post or transmit any material from the Site unless you hold all necessary rights, licences and consents to do so;

■ that infringes the intellectual property or other rights of any person;

■ that would cause you or us to breach any law, regulation, rule, code or other legal obligation;

■ that defames, harasses, threatens, menaces, offends or restricts any person;

■ that is or could reasonably be considered to be obscene, inappropriate, defamatory, disparaging, indecent, seditious, offensive, pornographic, threatening, abusive, liable to incite racial hatred, discriminatory, blasphemous, in breach of confidence or in breach of privacy; or

■ that would bring us, or the Site, into disrepute.

(b) Interfere with or inhibit any user from using the Site;

(c) Use the Site to send unsolicited email messages;

(d) Attempt to or tamper with, hinder or modify the Site, knowingly transmit viruses or other disabling features, or damage or interfere with the Site, including but not limited to the use of trojan horses, viruses, or piracy or programming routines that may damage or interfere with the Site; or

(e) Facilitate or assist another person to do any of the above acts.

6. Privacy: We are committed to protecting your privacy. Please read our Privacy Policy, available on our Site. By agreeing to the Terms, you agree to accept our Privacy Policy.

7. Your content: If you choose to add any content on the Site, you:

(a) warrant to us that you have all necessary rights to post the content;

(b) grant us a perpetual, non-exclusive, royalty-free, irrevocable, worldwide and transferable right and licence to use that content in any way; and

(c) you consent to any act or omission which would otherwise constitute an infringement of your moral rights, and if you add any content in which any third party has moral rights, you must ensure that the third party consents in the same manner.

8. Third party information: The Site may contain third party information, including but not limited to user comments, guest articles and advertisements (Third Party Information). We do not control, recommend, endorse, sponsor or approve Third Party Information, including any information, products or services mentioned in Third Party Information.

9. Third Party links and websites: This Site may contain links to websites owned by third parties (Third Party Sites). We do not control, recommend, endorse, sponsor or approve Third Party Sites, including any information, products or services mentioned on Third Party Sites.

10. Reservation of Rights: We reserve the right to amend or delete any and all of your content, Third Party Information and/or Third Party Sites, and to block any user, if we believe that there is a violation of these Terms, or for any other reason, in our sole discretion.

11. Delays and outages: We are not responsible for any delays or interruptions to the Site. We cannot warrant that the Site will be available at all times or at any given time. We may at any time and without notice to you, discontinue the Site in whole or in part. We are not responsible for any loss, cost, damage or liability that may result from our discontinuance of the Site.

12. Limitation of Liability:

To the extent permitted by law, we exclude all liability for any loss or damage suffered by you or any third party, or claims made against you or any third party which result from any use or access of, or any inability to use or access the Site.

To the extent permitted by law, we exclude all representations, guarantees, warranties or terms (whether express or implied) other than those expressly set out in these Terms, and the Australian Consumer Law to the extent applicable.

13. Breach: You may only use the Site for lawful purposes and in a manner consistent with the nature and purpose of the Site. By using this Site, you agree that the exclusions and limitations of liability set out in these Terms are reasonable. If you do not think they are reasonable you must not use this Site. We reserve the right to remove any and all content found to be in breach of copyright, or which in our opinion is deemed inappropriate and/or illegal. If you breach the Terms, we reserve the right to block you from the Site and to enforce our rights against you. If we do not act in relation to a breach of the Terms by you, this does not waive our rights to act with respect to subsequent or similar breaches of the Terms by you. All rights not expressly granted in the Terms are reserved.

14. Exclusion of Competitors: You are prohibited from using our Site, including our information, in any way that competes with our business. If you breach this term, we will hold you responsible for any loss that we may sustain, and hold you accountable for any profits that you may make from non-permitted use. We reserve the right to exclude any person from using our Site and Information, in our sole discretion.

15. Enforceability: If any provision of the Terms is found to be illegal, invalid or unenforceable by a court of law, then the provision will not apply in that jurisdiction and is deemed not to have been included in the Terms in that jurisdiction. This will not affect the remainder of the Terms, which continue in full force and effect.

16. Termination: The Terms are effective until terminated by us, which we may do at any time and without notice to you. In the event of termination, all restrictions imposed on you by the Terms and limitations of liability set out in the Terms will survive.

17. Disputes: You agree to use your best endeavours to use mediation and negotiation to resolve any dispute arising out of or relating to these Terms, prior to resorting to an external dispute resolution process. Please notify us in writing of any dispute you may have.

18. Jurisdiction: Your use of this Site and any dispute arising out of your use of it is subject to the laws of Western Australia. You irrevocably and unconditionally submit to the jurisdiction of the Courts of Western Australia for determining any dispute concerning the Terms.

19. General: If a provision of these Terms are invalid or unenforceable it is to be read down or severed to the extent necessary without affecting the validity or enforceability of the remaining provisions. If we do not act in relation to a breach by you of these Terms, this does not waive our right to act with respect to that or subsequent or similar breaches.