Terms Of Use

Java Gourmet Pty Ltd (ACN 158 368 677)

(“Java Gourmet”)

Terms of Use

Terms of Use: Welcome to javagourmet.com.au (the “Website”), operated by Java Gourmet Pty Ltd (ACN 158 368 677) (“Java Gourmet”). In this document, the terms “you” and “your” means you the user; and the terms “we” and “us” means Java Gourmet.

The following terms and conditions govern all use of the Java Gourmet website and all content, services and products available at or through the website. The Website is offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies (including, without limitation, Java Gourmet’s Privacy Policy) and procedures that may be published from time to time on this Site by Java Gourmet (collectively, the “Agreement”).

Please read this Agreement carefully before accessing or using the Website. By accessing or using any part of the web site, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the Website or use any services. We reserve the right to amend these Terms of Use at any time. These Terms of Use are intended to apply internationally to residents located around the world.

Your javagourmet.com.au Account: If you create an account on the Website, you are responsible for maintaining the security of your account, and you are fully responsible for all activities that occur under the account. You must not describe or assign words in your comments in a misleading or unlawful manner, including in a manner intended to trade on the name or reputation of others, and Java Gourmet may change or remove any description or keyword that it considers inappropriate or unlawful, or otherwise likely to cause Java Gourmet liability. You must immediately notify Java Gourmet of any unauthorized uses of your account, or any other breaches of security. Java Gourmet will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions.

Responsibility of Website visitors

3.1. If you post, upload, input, provide or submit a comment, you are entirely responsible for the content of, and any harm resulting from, that content. That is the case regardless of whether the Content in question constitutes text or graphics. By making Content available, you represent and warrant that;

3.2. the downloading, copying and use of the content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party;

3.3. the Content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content;

3.4. the Content is not spam, is not machine- or randomly-generated, and does not contain unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing);

3.5. The content is not pornographic, does not contain threats or incite violence, and does not violate the privacy or publicity rights of any third party;

3.6. in any way tamper, hinder or modify the Website

Without limiting any of those representations or warranties, Java Gourmet has the right (though not the obligation) to, in Java Gourmet’s sole discretion (a) refuse or remove any content that, in Java Gourmet’s reasonable opinion, violates any Java Gourmet policy or is in any way harmful or objectionable, or (b) terminate or deny access to and use of the Website to any individual or entity for any reason, in Java Gourmet’s sole discretion. Java Gourmet will have no obligation to provide a refund of any amounts previously paid.

Ordering from Java Gourmet

4.1. You are deemed to place an order with Java Gourmet by ordering via the javagourmet.com.au checkout process. As part of the checkout process you will be given the opportunity to check your order and to correct any errors. We will send you an order confirmation email detailing your order.

4.2. Our acceptance of your order will take place once we update it to pending. Once your order is dispatched we will send you a confirmation by email.

4.3. We may not accept your order:

4.3.1. Where goods are not available;

4.3.2. When we cannot obtain authorisation for your payment;

4.3.3. If there has been a pricing or product description error;

4.3.4. If the delivery address is in a country that prohibits the importation of coffee;

4.3.5. You do not meet eligibility criteria set out in our terms and conditions;

4.4. Should you need to make changes to you order please call us on 1300 780 871 or alternately send an email with your order reference number in the subject line to info@javagourmet.com.au;

4.5. Please note that once you have received your order dispatch confirmation email it will be too late to make any changes to your order.

5. Delivery of Goods

5.1. Orders are shipped by Australia Post;

5.2. Java Gourmet accepts no responsibility for any loss of, damage to, late delivery or non-delivery of goods ordered from our website. To the maximum extent of the law, you accept to release our carries from liability relating to loss of, damage to, late delivery or non-delivery of any goods you order from this website and to assign all rights to claim compensation or insurance against our carries to us and expressly and irrevocably do so by clicking the place order button at the checkout.

6. Cancellation of order

6.1. If you wish to cancel your order: You can notify us before we dispatch your order by calling 1300 780 871 or alternately send an email with the word cancel and your order reference number in the subject line to info@javagourmet.com.au;

6.2. Where goods have been dispatched to you, by returning the goods to us in accordance with clause 5.1

7. Returns Policy

7.1. Returns are only accepted with prior approval of Java Gourmet where a return authority number will be issued and must be within 10 days of the invoice date. The item/items must be unused and still in their unopened original packaging. Java Gourmet will also accept returns in accordance with Queensland and Australian laws. The cost of returning goods to us shall be borne by you;

7.2. Returns are not available for change of mind on items purchased on sale or special price;

7.3. We do not reimburse delivery and or handling charges on incorrect choice;

7.4. We only accept returned products undamaged; we recommend postal or freight insurance when returning an item;

7.5. The right to return goods to us as referred to in clause 7.1 will not apply in the following circumstances:

7.5.1. In the event that product has been opened or used;

7.5.2. If the product has been made or customised specifically for you.

The provision of this clause 7.5 does not affect your statutory rights.

8. Damaged Goods

Java Gourmet must be notified within 24 hours of receipt of items if the items are damaged during transit. No refunds will be given if we are not notified within this time period. Notification must be emailed to info@javagourmet.com.au or by calling 1300 780 871.

Errors and Omissions

Java Gourmet endeavours to maintain the accuracy of the product images, product descriptions, stock availability and product pricing, we do however reserve the right to cancel an order and/or reverse payment of an order if the order has been placed based on incorrect information.

10. No reliance of information

While Java Gourmet attempts to ensure that the information on this website is correct, we do not warrant the accuracy and completeness of the material on this website. We may make changes to the material on this website, or to the products and prices described in it, at any time without notice. The material on this website may be out of date, and we make no commitment to update such material. Your use of javagourmet.com.au is at your own risk. Access to javagourmet.com.au is provided on an “as available” basis. Neither Java Gourmet directors or employees make any representation or warranty that (a) any material on javagourmet.com.au will be reliable, accurate or complete (nor do they accept any responsibility arising in any way for errors in, or omissions from the material); or (b) your access to javagourmet.com.au will be uninterrupted, timely or secure. Java Gourmet will not be liable for loss resulting from any action or decision by you in reliance on the information on javagourmet.com.au, nor any interruption, delay in operation or transaction, virus, communications failure, internet access difficulties, or malfunction in the equipment or software.

11. Product Descriptions

Java Gourmet and its affiliates attempt to be as accurate as possible. However, Java Gourmet does not warrant that descriptions are accurate, complete, reliable, current, or error free. If a product offered by Java Gourmet itself is not as descripted, your sole remedy is to return it in its unopened original packaging.

12. Restrictions of Use

You must not use this Website in any manner or for any purpose which is unlawful or in any manner which violates any of our rights which are prohibited by these Terms of Use. You agree that you will not upload or transmit any communications or material of any type that infringe or violate any laws or the rights of any party.

13. Content Posted on Other Websites

We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which javagoaurmet.com.au links, and that link to javagourmet.com.au. Java Gourmet does not have any control over those websites and webpages, and is not responsible for their contents or their use. By linking to a website or webpage, Java Gourmet does not represent or imply that it endorses such website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content.

14. Intellectual Property

Copyright: All content included on javagourmet.com.au including, but not limited to text, design, graphics, photographs, logos, images, are the property of or licensed by Java Gourmet or its suppliers and protected by Australian and international copyright laws. The compilation of all content on this Website is the exclusive property of Java Gourmet and is protected by Australian and international copyright laws.

Trade Marks: The Java Gourmet logo and the logos of the Java Gourmet products are registered trademarks of Java Gourmet. All other trademarks that appear on this website are the property of their respective owners, who may or may not be affiliated with Java Gourmet.

Limited License: Nothing displayed on this website should be construed as granting any licence or right of use of any logo or trademark displayed on this web site, without the express written permission of the relevant owner.

Changes: Java Gourmet reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Website following the posting of any changes to this Agreement constitutes acceptance of those changes. Java Gourmet may also, in the future, offer new services and/or features through the Website (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.

Termination: Java Gourmet may terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your javagourmet.com.au account (if you have one), you may simply discontinue using the Website. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

Disclaimer of Warranties: The Website is provided “as is”. Java Gourmet and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither Java Gourmet nor its suppliers, makes any warranty that the Website will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the Website at your own discretion and risk.

Limitation of Liability: In no event will Java Gourmet, or its suppliers, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data. Java Gourmet shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.

General Representation and Warranty: You represent and warrant that (i) your use of the Website will be in strict accordance with the Java Gourmet Privacy Policy, with this Agreement and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from Australia or the country in which you reside) and (ii) your use of the Website will not infringe or misappropriate the intellectual property rights of any third party.

Indemnification: You agree to indemnify and hold harmless Java Gourmet, its contractors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Website, including but not limited to your violation of this Agreement.

Miscellaneous: We rely upon your continued observance of these Terms of Use. In the event that we suffer loss or damage or incur any costs associated with any breach of these Terms of Use or any associated legal obligation, you agree to indemnify us for those losses, damages and costs.

These Terms of Use are governed by and construed in accordance with the laws of the State of Queensland, Australia. You irrevocably and unconditionally submit to the non-exclusive jurisdiction of the Courts of the State of Queensland and Courts of Appeal from them for determining any dispute concerning these Terms of Use.

If any provision of these Terms of Use 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.

© 2013 Java Gourmet Pty Ltd. All Rights Reserved.

©2013 Java Gourmet Pty Ltd. All rights reserved.