Last updated on 10th September 2020
- Welcome to the Flavour of the Month website and social media channels (the ‘Website’). The Website provides you with an opportunity to browse and purchase various products that have been listed for sale through the Website (the ‘Products’). The Website provides this service by way of granting you access to the content on the Website (the ‘Purchase Services’).
- The Website is operated by Flavour of the Month (ABN 79 962 853 978). Access to and use of the Website, or any of its associated Products or Services, is provided by Flavour of the Month. Please read these terms and conditions (the ‘Terms’) carefully. By using, browsing and/or reading the Website, this signifies that you have read, understood and agree to be bound by the Terms. If you do not agree with the Terms, you must cease usage of the Website, or any of Services, immediately.
- Flavour of the Month reserves the right to review and change any of the Terms by updating this page at its sole discretion. When Flavour of the Month updates the Terms, it will use reasonable endeavours to provide you with notice of updates to the Terms. Any changes to the Terms take immediate effect from the date of their publication. Before you continue, we recommend you keep a copy of the Terms for your records.
- You accept the Terms by remaining on the Website. You may also accept the Terms by clicking to accept or agree to the Terms where this option is made available to you by Flavour of the Month in the user interface.
- Registration to use the Purchase Services
- In order to access the Purchase Services, you must first register as a user of the Website. As part of the registration process, or as part of your continued use of the Purchase Services, you may be required to provide personal information about yourself (such as identification or contact details), including:
(a) Email address
(b) Mailing address
(c) Telephone number
(e) Confirmation you are over the age of 18
- You warrant that any information you give to Flavour of the Month in the course of completing the registration process will always be accurate, correct and up to date.
It is your responsibility to ensure your details are updated and accurate.
- You must be over the age of 18 to register and use the website. Once you have completed the registration process, you will be a registered member of the Website (‘Member’) and agree to be bound by the Terms. As a Member you will be granted immediate access to the Purchase Services. You may not use the Purchase Services and may not accept the Terms if:
(a) you are not of legal age to form a binding contract with Flavour of the Month; or
(b) you are a person barred from receiving the Purchase Services under the laws of Australia or other countries including the country in which you are resident or from which you use the Purchase Services.
- Your obligations as a Member
- As a Member, you agree to comply with the following: You will use the Purchase Services only for purposes that are permitted by:
(a) the Terms;
(b) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions;
(c) you have the sole responsibility for protecting the confidentiality of your password and/or email address. Use of your password by any other person may result in the immediate cancellation of the Purchase Services;
(d) any use of your registration information by any other person, or third parties, is strictly prohibited. You agree to immediately notify Flavour of the Month of any unauthorised use of your password or email address or any breach of security of which you have become aware;
(e) access and use of the Website are limited, non-transferable and allows for the sole use of the Website by you for the purposes of Flavour of the Month providing the Purchase Services;
(f) you will not use the Purchase Services or Website for any illegal and/or unauthorised use which includes collecting email addresses of Members by electronic or other means for the purpose of sending unsolicited email or unauthorised framing of or linking to the Website;
(g) you agree that commercial advertisements, affiliate links, and other forms of solicitation may be removed from the Website without notice and may result in termination of the Purchase Services. Appropriate legal action will be taken by Flavour of the Month for any illegal or unauthorised use of the Website; and
(h) you acknowledge and agree that any automated use of the Website or its Purchase Services is prohibited.
- Purchase of Products, Returns Policy and Cancellation of Orders
- In using the Purchase Services to purchase the Product through the Website, you will agree to the payment of the purchase price listed on the Website for the Product (the ‘Purchase Price’).
- The purchase price for all products is charged in Australian dollars ($AUD) and includes GST.
- Flavour of the Month has the right to vary or update any price or payment information at any time without warning, including errors with pricing, details and descriptions which appear on the Website. If incorrect information has been specified for a Subscription purchased, Flavour of the Month will notify you of this error and give you the option of reconfirming or cancelling your order.
- By subscribing and purchasing from Flavour of the Month, you expressly authorise Flavour of the Month to process the payment for the order via your selected payment method at the time of your order. You must review your order carefully to ensure it is correct and you are happy with the billing amount. Once the amount has been paid, your order will be processed. Any cancellation can then only take place by contacting Flavour of the Month but cannot be guaranteed. The only time an order will be cancelled will be if Flavour of the Month is unable to provide the product and in which case a full refund will be given. Flavour of the Month also reserves the right to cancel any order due to suspicion of fraud.
- When subscribing to the monthly subscription box, your subscription will automatically renew every month and will be debited from your account on the date listed when completing your initial order. Should you wish to cancel your subscription and payments, this must be done at least 5 days prior to the scheduled payment date. Should you miss this date and the payment goes through your account and you no longer wish to receive the monthly subscription, you must contact Flavour of the Month by email prior to the 20th of the month, that the debit was made. After this time Flavour of the Month will not refund any subscription and the order will be processed and delivered. All gift box purchases and set period subscription plans are a once off payment and do not automatically renew.
- Following payment of the Purchase Price being confirmed by Flavour of the Month, you will be issued with a receipt to confirm that the payment has been processed and Flavour of the Month may record your purchase details for future transactions.
- Flavour of the Month does not accept or bare the cost of any return of subscription boxes or individual products. If you are not happy with the condition of any box or item delivered, you must take a photo and send to Flavour of the Month, where a decision will be made by Flavour of the Month as to if a refund should be given or a replacement of product. If a product is not available an equal alternative will be supplied. Please note we are only able to consider and process any replacements and refunds if Flavour of the Month is notified within 2 weeks of you receiving your box. All correspondence must be sent to firstname.lastname@example.org.
- You acknowledge that the Purchase Services offered by Flavour of the Month integrate delivery (the ‘ Delivery Services’) through the use of third party delivery companies (the ‘ Delivery Service Providers’).
- In providing the Purchase Services, Flavour of the Month may provide you with a variety of delivery services by the Delivery Service Providers. You acknowledge and agree that Flavour of the Month is not the provider of these delivery options and merely facilitates your interaction with the Delivery Service Providers in respect to providing the Delivery Services.
- In the event of any Purchased Services not delivered or discrepancy of delivered item by the Delivery Services, Flavour of the Month asks that you:
- contact us by sending an email to email@example.com outlining what was not delivered or to what the discrepancy was about. The issue will then be resolved by Flavour of the Month and the Delivery Service Provider.
- Copyright and Intellectual Property
- The Website, the Purchase Services and all of the related products of Flavour of the Month are subject to copyright. The material on the Website is protected by copyright under the laws of Australia and through international treaties. Unless otherwise indicated, all rights (including copyright) in the site content and compilation of the website (including text, graphics, logos, button icons, video images, audio clips and software) (the ‘Content’) are owned or controlled for these purposes, and are reserved by Flavour of the Month or its contributors.
- Flavour of the Month retains all rights, title and interest in and to the Website and all related content. Nothing you do on or in relation to the Website will transfer to you:
(a) the business name, trading name, domain name, trade marks, industrial design, patent, registered design or copyright of Flavour of the Month; or
(b) the right to use or exploit a business name, trading name, domain name, trade mark or industrial design; or
(c) a system or process that is the subject of a patent, registered design or copyright (or an adaptation or modification of such a system or process).
- You may not, without the prior written permission of Flavour of the Month and the permission of any other relevant rights owners: broadcast, republish, upload to a third party, transmit, post, distribute, show or play in public, adapt or change in any way the Content or third party content for any purpose. This prohibition does not extend to materials on the Website, which are freely available for re-use or are in the public domain.
- Flavour of the Month takes your privacy seriously and any information provided
through your use of the Application and/or the Purchase Services are subject to
- You acknowledge that Flavour of the Month does not make any terms, guarantees, warranties, representations or conditions whatsoever regarding the Products other than provided for pursuant to these Terms.
- Flavour of the Month will make every effort to ensure a Product is accurately depicted on the Website, however, you acknowledge that sizes, flavour, colours and packaging may differ from what is displayed on the Website.
- Nothing in these Terms limits or excludes any guarantees, warranties, representations or conditions implied or imposed by law, including the Australian Consumer Law (or any liability under them) which by law may not be limited or excluded.
- Subject to this clause, and to the extent permitted by law:
- all terms, guarantees, warranties, representations or conditions which are not expressly stated in these Terms are excluded; and
- Flavour of the Month will not be liable for any special, indirect or consequential loss or damage (unless such loss or damage is reasonably foreseeable resulting from our failure to meet an applicable Consumer Guarantee), loss of profit or opportunity, or damage to goodwill arising out of or in connection with the Purchase Services or these Terms (including as a result of not being able to use the Purchase Services or the late supply of the Purchase Services), whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise.
- Use of the Website, the Purchase Services, and any of the products of Flavour of the Month (including the Delivery Services), is at your own risk. Everything on the Website, the Purchase Services, and the Products of Flavour of the Month, are provided to you on an “as is” and “as available” basis, without warranty or condition of any kind. None of the affiliates, directors, officers, employees, agents, contributors, third party content providers or licensors of Flavour of the Month (including any third party where the Delivery Services are made available to you) make any express or implied representation or warranty about its Content or any products or Purchase Services (including the products or Purchase Services of Flavour of the Month) referred to on the Website. This includes (but is not restricted to) loss or damage you might suffer as a result of any of the following:
(a) failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, computer virus or other harmful component, loss of data, communication line failure, unlawful third party conduct, or theft, destruction, alteration or unauthorised access to records;
(b) the accuracy, suitability or currency of any information on the Website, the Purchase Service, or any of its Content related products (including third party material and advertisements on the Website);
(c) costs incurred as a result of you using the Website, the Purchase Services or any of the Products;
(d) the Content or operation in respect to links which are provided for the User’s convenience;
(e) any failure to complete a transaction, or any loss arising from e-commerce transacted on the Website; or
(f) any defamatory, threatening, offensive or unlawful conduct of third parties or publication of any materials relating to or constituting such conduct.
- Allergies & Pregnancy Related
10.1. Flavour of the Month does not take into account any dietary requirements.
10.2. It is the sole responsibility of all customer’s to ensure that they refer to both the
Nutritional Panel and Ingredients list before consuming any products supplied by
Flavour of the Month
11.3. Flavour of the Month accepts no liability whatsoever to any allergic reaction by a
Customer as a result of consuming any product supplied by Flavour of the Month – this also applies to expecting mothers.
- Flavour of the Month’s total liability arising out of or in connection with the Purchase Services or these Terms, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the most recent Purchase Price paid by you under these Terms or where you have not paid the Purchase Price, then the total liability of Flavour of the Month is the resupply of information or Purchase Services to you.
- You expressly understand and agree that Flavour of the Month, its affiliates, employees, agents, contributors, third party content providers and licensors shall not be liable to you for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you, however caused and under any theory of liability. This shall include, but is not limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation and any other intangible loss.
- Flavour of the Month is not responsible or liable in any manner for any site content (including the Content and Third Party Content) posted on the Website or in connection with the Purchase Services, whether posted or caused by users of the website of Flavour of the Month, by third parties or by any of the Purchase Services offered by Flavour of the Month.
- You acknowledge that Flavour of the Month does not provide the Delivery Services to you and you agree that Flavour of the Month will not be liable to you for any special, indirect or consequential loss or damage, loss of profit or opportunity, or damage to goodwill arising out of or in connection with the Delivery Services.
- The Terms will continue to apply until terminated by either you or by Flavour of the Month as set out below.
- If you want to terminate the Terms, you may do so by
- notifying Flavour of the Month at any time; and
- closing your accounts for all of the Purchase Services which you use, where
Flavour of the Month has made this option available to you.
- Flavour of the Month may at any time, terminate the Terms with you if:
(a) you have breached any provision of the Terms or intend to breach any provision;
(b) Flavour of the Month is required to do so by law;
(c) the partner with whom Flavour of the Month offered the Purchase Services to you has terminated its relationship with Flavour of the Month or ceased to offer the Purchase Services to you;
(d) Flavour of the Month is transitioning to no longer providing the Purchase Services to Users in the country in which you are resident or from which you use the service; or
(e) the provision of the Purchase Services to you by Flavour of the Month is, in the opinion of Flavour of the Month, no longer commercially viable.
- Subject to local applicable laws, Flavour of the Month reserves the right to discontinue or cancel your membership to the Website at any time and may suspend or deny, in its sole discretion, your access to all or any portion of the Website or the Purchase Services without notice if you breach any provision of the Terms or any applicable law or if your conduct impacts Flavour of the Month’s name or reputation or violates the rights of those of another party.
- When the Terms come to an end, all of the legal rights, obligations and liabilities that you and Flavour of the Month have benefited from, been subject to (or which have accrued over time whilst the Terms have been in force) or which are expressed to continue indefinitely, shall be unaffected by this cessation, and the provisions of this clause shall continue to apply to such rights, obligations and liabilities indefinitely.
- You agree to indemnify Flavour of the Month, its affiliates, employees, agents, contributors, third party content providers and licensors from and against:
- all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) incurred, suffered or arising out of or in connection with any Content you post through the Website;
- any direct or indirect consequences of you accessing, using or transacting on the Website or attempts to do so and any breach by you or your agents of these Terms; and/or
- any breach of the Terms.
- Compulsory: If a dispute arises out of or relates to the Terms, either party may not commence any Tribunal or Court proceedings in relation to the dispute, unless the following clauses have been complied with (except where urgent interlocutory relief is sought)
- Notice: A party to the Terms claiming a dispute (‘Dispute’) has arisen under the Terms, must give written notice to the other party detailing the nature of the dispute, the desired outcome and the action required to settle the Dispute.
- Resolution: On receipt of that notice (‘Notice’) by that other party, the parties to the Terms (‘Parties’) must:
(a) Within 7 days of the Notice, endeavour in good faith to resolve the Dispute expeditiously by negotiation or such other means upon which they may mutually agree;
(b) If for any reason whatsoever, 14 days after the date of the Notice, the Dispute has not been resolved, the Parties must either agree upon selection of a mediator or request that an appropriate mediator be appointed;
(c) The Parties are equally liable for the fees and reasonable expenses of a mediator and the cost of the venue of the mediation and without limiting the foregoing undertake to pay any amounts requested by the mediator as a pre-condition to the mediation commencing. The Parties must each pay their own costs associated with the mediation;
(d) The mediation will be held in Victoria, Australia.
- Confidential: All communications concerning negotiations made by the Parties arising out of and in connection with this dispute resolution clause are confidential and to the extent possible, must be treated as “without prejudice” negotiations for the purpose of applicable laws of evidence.
- Termination of Mediation: If 14 days have elapsed after the start of a mediation of the Dispute and the Dispute has not been resolved, either Party may ask the mediator to terminate the mediation and the mediator must do so.
- The Purchase Services offered by Flavour of the Month is intended to be viewed by
residents of Australia. In the event of any dispute arising out of or in relation to the Website, you agree that the exclusive venue for resolving any dispute shall be in the courts of Victoria, Australia.
- The Terms are governed by the laws of Victoria, Australia. Any dispute, controversy, proceeding or claim of whatever nature arising out of or in any way relating to the Terms and the rights created hereby shall be governed, interpreted and construed by, under and pursuant to the laws of Victoria, Australia, without reference to conflict of law principles, notwithstanding mandatory rules. The validity of this governing law clause is not contested. The Terms shall be binding to the benefit of the parties hereto and their successors and assigns.
- Advice Both parties confirm and declare that the provisions of the Terms are fair and reasonable and both parties having taken the opportunity to obtain independent legal advice and declare the Terms are not against public policy on the grounds of inequality or bargaining power or general grounds of restraint of trade.
- If any part of these Terms is found to be void or unenforceable by a Court of competent jurisdiction, that part shall be severed and the rest of the Terms shall remain in force.
- Should you have any concerns or questions regarding these terms or the web site, please do not hesitate in contacting us on firstname.lastname@example.org