We know this isn’t the most exciting of topics, but the Roasting Depot legal team takes the law very seriously. Even more seriously than Harvey Reginald Specter, Esq. So please read on to ensure you understand our Terms and Conditions. Lewis will thank you for it.
This page, together with the documents referred to on it, tells You the terms and conditions (these Terms and Conditions) on which We supply any of the products (each a Product) listed on our Website www.roastingdepot.com (hereinafter referred to as “the Site”) to You. The following terms and conditions contain important information about Your legal rights, remedies and obligations in connection with Your use of the Site, so please review them carefully. By accessing and using the Site You are hereby effectively agreeing to comply with and be bound by these Terms and Conditions, which may be updated from time to time. If You are unwilling or unable to abide by these Terms, please do not use the Site.
Nothing in these Terms and Conditions affects Your statutory rights (including the right to insist that goods You buy from businesses must correspond with their description, be fit for their purpose and be of satisfactory quality). These Terms and Conditions shall prevail over any separate terms put forward by You. Any conditions that You submit, propose or stipulate in whatever form and at whatever time, whether in writing, by email or orally, are expressly waived and excluded. No other terms or changes to the Terms and Conditions shall be binding unless agreed in writing signed by Us.
These Terms and Conditions govern the access and use of the Site by You, and the supply by Us of any Product ordered by You on the Site. By accessing or using ROASTING DEPOT applications, tools and features, including the Site, or agreeing to order a Product, You agree to be legally bound by these Terms and Conditions.
In these Terms and Conditions (the “Terms” or the “Agreement”):
- “You” and “Your” refers to You, the User of the Site;
- “User” means individual who accesses, browses, shares, crawls, scrapes, subscribes, registers, places an Order on the Site or in any way Uses the Site;
- “We”, “Us” or “Our” refers to FURO Pty Ltd, ABN 47 610 818 552, with registered offices at 28 Hanlon Street, Hamilton Hill WA 6163, Australia, trading as Roasting Depot and its subsidiaries, associates and officers, unless otherwise stated;
- “Roasters”, “Partners” or “Manufacturers” refers to the suppliers who own and supply the Products to Users of the Site;
- “Product/s” refers to the coffee, accessories or any others goods or services offered to Users of the Site;
- “Account” means the account that You will need to register for on the Site if You would like to submit an Order on the Site;
- “Content” means text, images, photos, audio, video, location data, and all other forms of data or communication.
- “Your Content” or “User Content” refers to the Content that You’ve submitted, transmitted, posted, or made available to ROASTING DEPOT through Your Account or otherwise.
- “ROASTING DEPOT Content” or “Our Content” means the Content that we’ve created and made available on the Site.
- “Third Party Content” refers to the Content that originates from parties other than ROASTING DEPOT or its Users in connection with the Site.
- “Site Content” means all available Content on the Site, including User Content, Our Content, and Third Party Content.
- “Posting” and “publishing” mean uploading, posting, transmitting, sharing, storing, submitting or otherwise making available such information or Content on to the Site.
- “Acknowledgement” means our acknowledgement of Your Order by email;
- “Breach of Duty” has the meaning given to it in the ninth paragraph of clause ‘LIMITATION OF LIABILITY’ of these Terms and Conditions;
- “Business Day” means a day which is neither (i) a Saturday or Sunday, nor (ii) a public holiday anywhere in Australia;
- “Confirmation of Order” means our email to You, in which We accept Your Order in accordance with paragraph 9 of clause ‘HOW A CONTRACT IS FORMED’;
- “Contract” means Your Order of a Product or Products in accordance with these Terms and Conditions which We accept in accordance with paragraph 9 of clause ‘HOW A CONTRACT IS FORMED’;
- “Liability” has the meaning given to it in the first paragraph of clause ‘LIMITATION OF LIABILITY’ of these Terms and Conditions;
- “Order” means the order submitted by You to the Site to purchase a Product from Us;
- references to “clauses” are to clauses of these Terms and Conditions;
- headings are for ease of reference only and shall not affect the interpretation or construction of the Terms and Conditions;
- words imparting the singular shall include the plural and vice versa. Words imparting a gender shall include every gender and references to persons shall include an individual, company, corporation, firm or partnership;
- references to “includes” or “including” or like words or expressions shall mean without limitation.
CHANGES TO THE TERMS
We reserve the right to modify Our Terms from time to time as applicable. Although such changes to the Agreement may occur unexpectedly, without any prior notice, the most current version of Our Terms will always be located on this page. When in doubt as to its timeliness, check the top of the page, which should indicate the last date of revision. All modifications to the Terms become effective and legally binding upon their posting onto www.roastingdepot.com. As such, it is Your responsibility to regularly visit this page to review these Terms. Please note that Your access and use of the Site indicate Your acceptance of the effective Terms as of that time.
ELIGIBILITY AND REGISTRATION ELIGIBILITY
To place an order with ROASTING DEPOT You must be over 18 years of age and possess an online payment account (such as PayPal for example), or valid credit or debit card issued by a bank acceptable to Us.
ROASTING DEPOT ACCOUNT
To use certain features of www.roastingdepot.com, You are required to have a ROASTING DEPOT account. You are responsible for maintaining the confidentiality and security of Your account log-in information, particularly Your username and password. Also, You must keep Your account accurate, current and up to date at all times. At no time are You allowed to impersonate someone else, create or use an account for anyone other than Yourself, or register for multiple accounts. All activities related to Your account are Your sole responsibility. In the event of any unauthorised use, You must notify Us immediately. Please be advised that regardless of the situation ROASTING DEPOT reserves the right to close, disable or delete Your account for any or no reason, without notice or liability of any kind.
ROASTING DEPOT PARTNERS
ROASTING DEPOT has no ownership in the products of the Partners, including but not limited to products offered through www.roastingdepot.com. Furthermore, Partners provide all Content and information relating to their products and profile pages, and as such, this Content shall be considered strictly as Third Party Content under the terms and conditions of this Agreement. The timely fulfilment and quality of all orders placed by Users through www.roastingdepot.com are also the direct and sole responsibility of the Partners. Any and all representations made by the Partners, including but not limited to claims that products are specialty coffee and any certifications regarding organic production standards of the product and fair trade, are so claimed by Partners, only, without any such further approval or corroboration by ROASTING DEPOT.
ROASTING DEPOT makes no claims or promises with respect to any third party certification, content or product that is listed or shown on www.roastingdepot.com. Accordingly, ROASTING DEPOT is not liable to any User for any loss or damage that may arise from his or her reliance upon such third party certification, content or product. The purchase and use of products and services through www.roastingdepot.com are so offered by third parties, including but not limited to coffee roasters and coffee related equipment suppliers, and therefore, all Users and subscribers act at their own discretion and risk.
When making an Order, You must follow the instructions on the Site as to how to make Your Order and for making changes to Your prospective Order before You submit it to the Site.
Irrespective of any previous price You have seen or heard, once You select a Product that You wish to Order, You will then be shown or told (on the Site) the charges You must pay including GST, if applicable, and any applicable delivery charges. Unless otherwise stipulated on the Site, all charges are in Australian Dollars (AUD).
You shall pay for the Product in full at the time of ordering by supplying Us with Your credit or debit card details from a credit or debit card company acceptable to Us or by an online payment method such as PayPal, which We require in order to process Your Order. Alternatively, You may pay by any method that We have said is acceptable to Us, but in any event We shall not be bound to supply before We have received cleared funds in full. Depending on the results of a credit check We reserve the right not to offer certain forms of payment and to refer You to our other forms of payment. Please note that We only accept payment by credit and debit cards where those cards are issued by an Australian-based financial institution.
If You are asked for details of a payment card, You must be fully entitled to use that card or account. The card or account must have sufficient funds to cover the proposed payment to Us.
You undertake and warrant that all details You provide to Us for the purpose of purchasing the Product from Us will be correct, that the credit or debit card, or account or other payment method which You use is Your own and that there are sufficient funds or credit facilities to cover the cost of the Product. We reserve the right to obtain validation of Your payment details before providing You with the Product.
When You submit an Order to the Site, You agree that You do so subject to these Terms and Conditions current at the date You submit Your Order. You are responsible for reviewing the latest Terms and Conditions each time You submit Your Order.
Your Order remains valid as an offer until We issue our Confirmation of Order or, if earlier, when We receive Your notice revoking Your Order.
We shall not be obliged to supply the Product to You until We have accepted Your Order. Unless expressly stating that We accept Your order, an email, letter, fax or other Acknowledgement of Your Order by Us is purely for information purposes and does not constitute the Confirmation of Order. In that Acknowledgement, We may give You an Order reference number and details of the Product You have ordered. We may in our discretion refuse to accept an Order from You for any reason, including unavailability of supplies or We may offer You an alternative Product (in which case We may require You to re-submit Your Order first).
A Contract shall be formed and We shall be legally bound to supply the Product to You when We accept Your Order. Acceptance shall take place when We expressly accept Your Order by email to You, in the form of a document called a “Confirmation of Order” stating that We are accepting Your Order. Our Confirmation of Order shall be deemed to come into effect when it has been dispatched by Us. Without affecting Your obligation to pay Us earlier, We may send an invoice to You at any time after We have accepted Your Order. Until the time when We accept Your Order, We reserve the right to refuse to process Your Order and You reserve the right to cancel Your Order. If We or You have cancelled Your Order before We have accepted it, then We will promptly refund any payment already made by You or Your credit or debit card company to Us for the order of the Product.
If You discover that You have made a mistake with Your Order after You have submitted it to the Site, please contact firstname.lastname@example.org immediately. However, We cannot guarantee that We will be able to amend Your Order in accordance with Your instructions.
We try very hard to ensure that the price given to You is accurate, but the price of Your Order will need to be validated by Us as part of our acceptance procedure. If the price for the Order changes before We accept Your Order, We will contact You and ask You to confirm that You wish to proceed at the amended price.
A Contract will relate only to those Products whose dispatch We have confirmed in the Confirmation of Order. We will not be obliged to supply any other Products which may have been part of Your Order until We have sent a Confirmation of Order in relation to those Products.
You must only submit to Us or our agent or the Site information which is accurate and not misleading and You must keep it up to date and inform Us of changes.
We aim to deliver the Product to You at the place of delivery requested by You in Your Order.
We aim to deliver by the date specified when You submit Your Order or at the Confirmation of Order but We cannot guarantee any firm delivery dates.
We shall aim to let You know if We expect that We are unable to meet our estimated delivery date, but, to the extent permitted by law, We shall not be liable to You for any losses, liabilities, costs, damages, charges or expenses arising out of late delivery.
On delivery of the Product, You may be required to sign for delivery, unless You grant Us ‘authority to leave’ pursuant to clause in the subsequent paragraph. You agree to inspect the Product for any obvious faults, defects or damage before You sign for delivery. You need to keep receipt of the delivered Product in case of future discussions with Us about it.
You may grant Us an ‘authority to leave’ when placing Your Order. If You do, You understand and agree that this authority to leave gives Us and/or our selected couriers permission to leave the Order in question unattended by the front door – or, where applicable, at the reception or concierge’s desk – of the delivery address without obtaining a signature confirming delivery at the delivery location. In such circumstances, You understand and agree that by granting Us authority to leave, We and our couriers are released of all responsibility and liability for the Orders delivered and left unattended, and that this responsibility and liability transfer to You on delivery.
Please note that it might not be possible for Us to deliver to some locations. If this is the case, We will inform You using the contact details that You provide to Us when You make Your Order and arrange for cancellation of the Order or delivery to an alternative delivery address.
We deliver in our standard packaging. Any special packaging requested by You is subject to additional charges.
Unless otherwise specified, all risk in the Product shall pass to You upon delivery, except that, where delivery is delayed due to a breach of Your obligations under a Contract, risk shall pass at the date when delivery would have occurred but for Your breach. From the time when risk passes to You, We will not be liable for loss or destruction of the Product.
You must take care when opening the Product so as not to damage it, particularly when using any sharp instruments.
You shall ensure that You are ready for safe receipt of the Product without undue delay and at any time reasonably specified by Us.
If You are not available to take delivery or collection, We may leave a card giving You instructions on either re-delivery or collection from the carrier.
If delivery or collection is delayed through Your unreasonable refusal to accept delivery or if You do not (within two Weeks of our first attempt to deliver the Product to You) accept delivery or collect the Product from the carrier, then We may (without affecting any other right or remedy available to Us) do either or both of the following:
- charge You for our reasonable storage fee and other costs reasonably incurred by Us; OR
- if the Product is not perishable no longer make the Product available for delivery or collection and notify You that We are immediately cancelling the applicable Contract, in which case We will refund to You or Your credit or debit card company as applicable any money already paid to Us under the applicable Contract, less our reasonable administration charges (including for attempting to deliver and then returning the Product, and any storage fees as provided for in the preceding clause; OR
- if the Product is perishable (including coffee) no longer make the Product available for delivery or collection and notify You that We are immediately cancelling the applicable Contract, in which case We will NOT refund any money already paid to Us under the applicable Contract.
It is Your responsibility to ensure that the Products are sufficient and suitable for Your purposes and meet Your individual requirements. We do not warrant that the Products will meet Your individual requirements. You acknowledge that the Products are standard and not made bespoke to fit any particular requirements that You may have.
CANCELLATION BY US
We may cancel a Contract if the Product is not available for any reason. We will notify You if this is the case and return any payment that You have made.
We will Usually refund any money received from You using the same method originally Used by You to pay for the Product.
CANCELLATION BY CUSTOMER (NON-DEFECTIVE PRODUCT)
If You wish to cancel Your order, please contact our Customer Service Team at email@example.com. Please ensure the words ‘Order Cancellation’ and the order reference number are the subject title. No cancellation fees apply. Once an order has been roasted or dispatched it may not be cancelled.
No refunds are given for incorrect purchases or change of mind. We do not offer an exchange or refund if You are not satisfied with the product. However, We pride ourselves on the quality of our products and We believe they are the best available so if You are not satisfied with our products please contact our Customer Service Team at firstname.lastname@example.org. Please ensure the word ‘Return’ and the order reference number are the subject title.
DAMAGED AND DEFECTIVE PRODUCTS
We warrant that:
- the Product will be delivered undamaged in the quantities ordered; and
- the Product will conform with the Manufacturer’s latest published instructions as set out on the Site or in Our Product material at the time of Your Order.
We try very hard to deliver Products in excellent condition. However, if You tell Us that the Product is damaged or defective, You agree to keep the Product in its current condition available for Us (or our agent) to inspect within a reasonable time.
In order to provide You with any remedies for a damaged or defective Product, We may need Your assistance and prompt provision of certain information regarding the Product, including:
- You specifying with reasonable detail the way in which it is alleged that the Product is damaged or defective; and
- You providing Us with the delivery note number and such other information as We reasonably require.
If You would like Us to replace or provide a refund for the Product where it did conform to the applicable Contract, and We find that the Product has:
- been misused, abused or subjected to neglect, improper or inadequate care, carelessness, damage or abnormal conditions; or
- been involved in any accident or damage caused by an incorrect attempt at modification or repair; or
- been dealt with or Used contrary to Our or the Manufacturer’s instructions for the Product; or
- deteriorated through normal Wear and tear, After delivery by Us, We may at our discretion decide not to repair, replace or refund You for the Product and/or We may require You to pay all reasonable carriage costs and servicing costs at our current standard fees and costs and charge this to Your credit or debit card, or the payment details that You provided to Us when You made Your Order, and, to the extent permitted by law, We shall not be liable to You for any losses, liabilities, costs, damages, charges or expenses as a result.
When in dispute as to whether a product is defective or non-conforming to the order, ROASTING DEPOT shall be the final decision maker in such situations. Notwithstanding the foregoing, Users shall not hold Us in any way responsible for any fees or inconveniences arising from or relating to such claims, regardless of defect or conformity.
VOUCHERS AND GIFT CARDS
You may use promotional vouchers and gift vouchers as payment for certain Products on the Site. Specific details for promotional vouchers and for gift vouchers are under the respective headings below. Please note that, notwithstanding anything else in these Terms and Conditions, promotional vouchers and gift vouchers cannot be Used as a form of payment on certain Products. Products which cannot be purchased with promotional vouchers or gift vouchers will be identified as such in the written description given of those Products.
For the avoidance of doubt, ‘gift cards’ can be differentiated from ‘gift vouchers’ and ‘promotional vouchers’ in that they will always be labelled a ‘gift card’ and will only ever come in physical, plastic-based form, much like a regular bank or credit card. In the rare instances in which ‘gift vouchers’ and ‘promotional vouchers’ come in physical form, they will never take the same form as a gift card (as described in this clause).
We may email gift and promotional vouchers to You. We accept no liability for errors in the email address of the voucher recipient.
If You have a gift or promotional voucher, that voucher can be used by someone other than You and You can assign Your rights to use that voucher.
In the event of fraud, an attempt at deception or in the event of the suspicion of other illegal activities in connection with a gift voucher purchase or redemption of that voucher on the Site, We are entitled to close Your Account and/or require a different means of payment.
We assume no liability for the loss, theft or illegibility of gift vouchers, promotional vouchers or gift cards.
Conditions for the redemption of promotional vouchers:
From time to time We may release promotional vouchers that may be used on the Site. Promotional vouchers can only be redeemed on the Site.
Promotional vouchers are valid for the specified period stated on them only, can only be redeemed once and cannot be used in conjunction with other offers (including, for the avoidance of doubt, sales, promotions and other vouchers). Individual brands may be excluded from voucher promotions.
The credit of a promotional voucher cannot be used to pay for products from third parties other than Us.
If You place an Order for a Product less than the value of the promotional voucher, no refund or residual credit will be returned to You.
The credit of a promotional voucher does not accrue interest nor does it have a cash value.
If the credit of a promotional voucher is insufficient for the Order You wish to make, You may make up the difference through payment by other means (but not by using another promotional voucher or attempting to rely on any other offer). For the avoidance of doubt, gift cards are an acceptable form of payment in these circumstances.
Please note that only one promotional voucher can be used per order, and that gift vouchers cannot be used in conjunction with any other offer (including but not limited to, sales and other promotions).
GIFT VOUCHERS AND GIFT CARDS
Conditions for the redemption of gift vouchers and gift cards:
You may purchase gift vouchers and gift cards for use on the Site by You or other Customers. Gift vouchers will be sent by email.
Gift vouchers and gift cards cannot be used to buy further gift vouchers or gift cards. Gift vouchers and gift cards may only be purchased through debit or credit card or online payment tools (such as PayPal).
The credit of a gift voucher or a gift card does not accrue interest nor does it have a cash value.
An order for a gift voucher can be cancelled by contacting at email@example.com at any time before the gift voucher has been redeemed. Please ensure the words ‘Gift Voucher’ are the subject title. A voucher is considered to have been redeemed if it is used as payment in placing an Order.
If the credit of a gift voucher is insufficient for the Order You wish to make, You may make up the difference through payment by other means (but not by using another promotional voucher or attempting to rely on any other offer). For the avoidance of doubt, gift cards are an acceptable form of payment in these circumstances.
Please note that only one gift voucher can be used per order, and that gift vouchers cannot be used in conjunction with any other offer (including but not limited to, sales and other promotions).
For the avoidance of doubt, a reference to a ‘gift voucher’ in these Terms will include any ‘store credit vouchers’ and ‘courtesy vouchers’ given to You by our customer service department.
Note that vouchers and gift cards are applied to invoices as a whole. Accordingly, in circumstances where multiple items are purchased using a voucher or gift card, and one or more items is returned, the discount is applied on a pro rata basis to each item for the purpose of establishing refund values. For the avoidance of doubt, gift vouchers, promotional vouchers and gift cards cannot, under any circumstances, be redeemed for cash.
PROMOTION, COMPETITION AND GIVEAWAYS
Unless otherwise specified, the terms and conditions in this clause will apply to all promotions, competitions, and giveaways run by Us. To the extent that any such special terms and conditions are not consistent with the terms and conditions in this clause, it will continue to apply.
Participants are limited to one (1) entry into the draw.
Winners will have 7 days to claim their prize, at which time the prize will be redrawn.
Entry into a promotion is not open to our employees or their relatives, agents, sponsors, suppliers, or any persons connected with the promotion of a competition.
Entry into a promotion is only open to Australian residents. In the event of any dispute about the identity of the winner or an entrant, We reserve the right to request the proof of the winner’s age, identity, and residency.
Incomplete or indecipherable entries will be deemed invalid.
We reserve the right to disqualify any entrant who submits an entry that is not in accordance with these Terms and Conditions or who tampers with the entry process. Errors and omissions may be accepted at our discretion.
If for any reason a promotion is not capable of running as planned, including but not limited to, technical failures, unauthorized intervention or security concerns, We reserve the right in our sole discretion to disqualify any individual and to cancel, terminate, modify or suspend a promotion.
The use of any automated software or any other mechanical or electronic means that allows an entrant to automatically enter repeatedly is prohibited and will render all entries submitted by that entrant invalid.
Entrants consent to Us using the entrant’s name, likeness, image and/or voice in the event they are a winner (including photograph, film and/or recording of the same) in any media for an unlimited period without any remuneration for the purpose of promoting this competition (including any outcome) and promoting products sold by Us.
If for whatever reason the original prize is unavailable, We, in our sole discretion, reserve the right to substitute the prize with an offer of equal value.
Except for any liability that cannot be excluded by law, We (including its officers, employees and agents) exclude all liability (in contract or tort, and including negligence) for any personal injury, or any loss or damage (whether direct, indirect, special or consequential) arising in any way out of a promotion, including but not limited to, where arising out of the following:
- any technical difficulties or equipment malfunction (whether or not within our control);
- any theft, unauthorized access or third party interference;
- any entry or prize claim that is late, lost, altered, damaged or misdirected (whether or not after their receipt by Us);
- any variation in the prize value to that stated in a promotion;
- any tax liability incurred by a winner or entrant; or
- use of the prize(s).
As a condition of receipt of the prize, the winner must sign any legal documentation as and in the form required by Us and/or prize suppliers in their absolute discretion, including but not limited to a legal release and indemnity form.
Our decision is final and no correspondence will be entered into.
Entry into a promotion is deemed acceptance of and agreement with these Terms and Conditions. Instructions on how to enter, prize details and other information contained within the promotional advertisements form part of these Terms and Conditions.
Prizes, discounts, and vouchers offered in connection with promotions, competitions and giveaways run by Us cannot be used in conjunction with any other offer (including, but not limited to, sales and other promotions).
The prize (or any part thereof) cannot be sold, the prize (or any part thereof) is not transferable or exchangeable and cannot be taken for cash. No responsibility is accepted for any variation in the value of the prize.
We collect personal information in order to conduct promotions and may, for this purpose, disclose such information to third parties, including but not limited to agents, contractors, service providers, prize suppliers and, as required, to Australian regulatory authorities. Entry is conditional on providing this information. We may, for an indefinite period (unless otherwise advised), use the information for promotional, marketing, publicity, research and profiling purposes, including sending electronic messages or telephoning the entrant.
Note that discounts received pursuant to promotions and competitions are applied to invoices as a whole. Accordingly, in circumstances where multiple items are purchased, and one or more items is returned, the discount is applied on a pro rata basis to each item for the purpose of establishing refund values.
LIMITATION OF LIABILITY
This clause prevails over all other clauses and sets forth our entire Liability, and Your sole and exclusive remedies, for: the performance, non-performance, purported performance or delay in performance of these Terms and Conditions or a Contract or the Site (or any part of it or them); or otherwise in relation to these Terms and Conditions or the entering into or performance of these Terms and Conditions.
Nothing in these Terms and Conditions shall exclude or limit: our Liability for (i) fraud; (ii) death or personal injury caused by our Breach of Duty; (iii) any breach of the obligations implied by law; or (iv) any other Liability which cannot be excluded or limited by applicable law; or Your statutory rights as a consumer.
In performing any obligation under these Terms and Conditions, Our only duty is to exercise reasonable care and skill.
Subject to the second paragraph of this clause: We do not warrant and We exclude all Liability in respect of the accuracy, completeness, fitness for purpose or legality of any information accessed using the Site; and We exclude all Liability of any kind for the transmission or the reception of or the failure to transmit or to receive any material of whatever nature; and You should not rely on any information accessed using the Site to make a purchasing decision – You should make Your own enquiries before forming Your own opinion and taking any action based on any such information.
Save as provided in the second paragraph of this clause, We do not accept and hereby exclude any Liability for Breach of Duty other than any such Liability arising pursuant to the provisions of these Terms and Conditions.
Save as provided in the second paragraph of this clause, We shall have no Liability for:
loss of revenue; loss of actual or anticipated profits; loss of contracts; loss of the use of money; loss of anticipated savings; loss of business; loss of operation time; loss of opportunity; loss of goodwill; loss of reputation; loss of, damage to or corruption of data; or any indirect or consequential loss; and such Liability is excluded whether it is foreseeable, known, foreseen or otherwise. For the avoidance of doubt, the clauses within this paragraph apply whether such losses are direct, indirect, consequential or otherwise.
Save as provided in the first paragraph of this clause: our total Liability under any Contract shall in no circumstances exceed, in aggregate, a sum equal to the greater of: i) $50; or ii) 110% of the value of the relevant Contract under which the cause of action arises; and
our total Liability to You or any third party shall not in any other circumstances exceed, in aggregate, a sum equal to the greater of: i) $50; or ii) 110% of any aggregate amount paid by You to Us in the 12 months preceding any cause of action arising.
The limitation of Liability under the seventh paragraph in this clause has effect in relation both to any Liability expressly provided for under these Terms and Conditions and to any Liability arising by reason of the invalidity or unenforceability of any term of these Terms and Conditions.
In these Terms and Conditions: “Liability” means liability in or for breach of contract, Breach of Duty, misrepresentation, restitution or any other cause of action whatsoever relating to or arising under or in connection with these Terms and Conditions, including, without limitation, liability expressly provided for under these Terms and Conditions or arising by reason of the invalidity or unenforceability of any term of these Terms and Conditions (and for the purposes of this definition, all references to “these Terms and Conditions” shall be deemed to include any collateral contract); and “Breach of Duty” means the breach of any (i) obligation arising from the express or implied terms of a contract to take reasonable care or exercise reasonable skill in the performance of the contract or (ii) common law duty to take reasonable care or exercise reasonable skill (but not any stricter duty).
GUARANTEE AND COMPLAINTS MANAGEMENT
We shall perform our obligations under these Terms and Conditions with reasonable skills and care.
We place great value on our customer satisfaction. You may contact Us at any time using the contact form (available at www.roastingdepot.com/contactUs/). We will attempt to address Your concerns as soon as reasonably possible and will contact You on receipt of any relevant enquiry or complaint. In guarantee cases, the manufacturer frequently must be involved, and as such it may take longer to resolve such an enquiry or complaint.
In the event of a complaint it will help Us if You can describe the object of Your complaint as accurately as possible and, where applicable, send Us copies of the Order or at least the order number that We assign You in the Acknowledgement or Confirmation of Order. Should You not have received any reaction from Us within five Business Days, please make further enquiries. In rare cases Your emails may be caught up in our spam filters or not reach Us, or correspondence that We send to You may otherwise not have reached You.
CIRCUMSTANCES BEYOND OUR CONTROL (“FORCE MAJEUR”)
We shall not be liable to You for any breach, hindrance or delay in the performance of a Contract attributable to any cause beyond our reasonable control, including without limitation any natural disaster and unavoidable incident, actions of third parties (including without limitation hackers, suppliers, governments, quasi-governmental, supra-national or local authorities), insurrection, riot, civil commotion, war, hostilities, warlike operations, national emergencies, terrorism, piracy, arrests, restraints or detainments of any competent authority, strikes or combinations or lock-out of workmen, epidemic, fire, explosion, storm, flood, drought, Weather conditions, earthquake, natural disaster, accident, mechanical breakdown, third party software, failure or problems with public utility supplies (including electrical, telecoms or Internet failure), shortage of or inability to obtain supplies, materials, equipment or transportation (“Event of Force Majeure”), regardless of whether the circumstances in question could have been foreseen.
Either You or We may terminate a Contract forthwith by written notice to the other in the event that the Event of Force Majeure lasts for a period of two Business Days or more, in which event neither You nor We shall be liable to the other by reason of such termination (other than for the refund of a Product already paid for by You and not delivered).
If We have contracted to provide identical or similar Products to more than one Customer and are prevented from fully meeting our obligations to You by reason of an Event of Force Majeure, We may decide at our absolute discretion which contracts We will perform and to what extent.
Any notice under a Contract shall be in writing and may be served by personal delivery or by pre-paid or recorded delivery letter or by email addressed to the relevant party at the address or email address of the relevant party last known to the other.
Any notice given by post shall be deemed to have been served two Business Days after the same has been posted if the recipient address is in Australia. Any notice given by email shall be deemed to have been served when the email has been proved to be received by the recipient’s server. In proving such service, it shall be sufficient to prove that the letter or email was properly addressed and, as the case may be, posted as a prepaid or recorded delivery letter or dispatched or a delivery report received.
ADVERTISING ON THE SITE
We shall use our reasonable endeavours to comply with any relevant regulations relating to the Site published by the Advertising Standards Authority.
We encourage You to contribute to ROASTING DEPOT by posting and publishing Your Content at the designated pages, forums and online spaces. Given that one of our main purposes is to facilitate conversations regarding the products, We truly value the input of our Users. Since Your Content is just that, Yours, You alone are responsible for the accuracy, truthfulness and reliability of that Content along with any and all associated risks. When You post Your Content on ROASTING DEPOT, You represent and warrant that You own or have obtained the proper authorization to publish such Content. Be advised that You may expose yourself to liability for posting, transmitting, sharing or otherwise making available Content that is false, intentionally misleading, defamatory, infringing upon third-party rights, unlawful, or otherwise harmful. Although We may review, edit, or remove any Content from the ROASTING DEPOT at times, We make no representations as to any regular monitoring or checking of the appropriateness, reliability or quality of the Content.
LICENSE TO UTILISE USER CONTENT
When You post Your Content to the ROASTING DEPOT, You automatically grant ROASTING DEPOT an irrevocable, perpetual, non-exclusive, transferable, fully paid, worldwide license (with the right to sublicense) to use, copy, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part) and distribute such Content, for any purpose on or in connection with the ROASTING DEPOT or the promotion thereof, to prepare derivative works of, or incorporate into other works, such User Content, and to grant and authorise sub-licenses of the foregoing. Also, You irrevocably waive and cause to be waived against ROASTING DEPOT and its Subscribers any claims and assertions of royalties, fees, moral rights or attributions associated with Your Content. If You choose to voluntarily remove Your Content from the ROASTING DEPOT, which You may do at any time, the above granted license will automatically expire.
As mentioned previously, the information, opinions and reviews that You post on ROASTING DEPOT are Your Content, and You own Your Content. We only provide the platform and online services, which allow You to post Your Content on ROASTING DEPOT. In turn, We own all Site Content, which includes visual interfaces, interactive site features, graphics, design, computer codes, software, and all other elements of the ROASTING DEPOT, excluding Your Content and Third Party Content. Also, We possess the copyrights, trademarks, service marks, and other intellectual and proprietary rights throughout the world (“IP Rights”) associated with ROASTING DEPOT Content. Such IP Rights are solely retained by Us, and You have no express or implied rights to modify, reproduce, distribute, create derivative works or adaptations of or in any way exploit any of the ROASTING DEPOT Content in whole or in part, unless otherwise authorised to do so. You agree and acknowledge that You shall be solely liable for any damages resulting from any infringement of copyrights, trademarks, service marks, and other intellectual and proprietary rights.
THIRD PARTY CONTENT
User Content posted on ROASTING DEPOT may direct You to third-party Web sites or include links or information from Third Party Content. Third Party Content is not investigated, monitored or checked for accuracy, reliability or completeness by Us. The posting of any such Third Party Content does not indicate any kind of implied approval or endorsement by Us. If You decide to access, use or rely upon any third party Websites or Third Party Content, You do so at Your own risk.
REMOVING AND EDITING CONTENT
Although We have no obligation to monitor or check the reliability and appropriateness of Your Content, We reserve the right to edit, remove, or screen such Content at Our sole discretion, for any or no reason, without any prior notice. If You fail to comply with our content guidelines then You may be in violation of this Agreement, and consequently, Your Content may be deleted and Your account closed. We are under no obligation to provide You with any notice of such actions or to offer You any copies of Your Content prior to deleting it from the ROASTING DEPOT.
We shall keep a record of Your Order and these Terms and Conditions until six years after We have accepted Your Order. However, for Your future reference, We advise You to print and keep a copy of these Terms and Conditions, Your Order, the Acknowledgement and the Confirmation of Order.
No failure or delay by Us or You in exercising any right under these Terms and Conditions or a Contract shall operate as a waiver of such right or extend to or affect any other or subsequent event or impair any rights or remedies in respect of it or in any way modify or diminish our or Your rights under these Terms and Conditions or a Contract.
If any clause in these Terms and Conditions or a Contract shall become or shall be declared by any court of competent jurisdiction to be invalid or unenforceable, such invalidity or unenforceability shall in no way affect any other clause or part of any clause, all of which shall remain in full force and effect, so long as these Terms and Conditions or a Contract shall be capable of continuing in effect without the unenforceable term.
You shall not assign, transfer, novate, charge, sub-contract, create any trust over or deal in any other manner with these Terms and Conditions or a Contract or all or any of Your rights or obligations under these Terms and Conditions or a Contract.
Nothing in these Terms and Conditions or a Contract shall create or be deemed to create a partnership, an agency or a relationship of employer and employee between You and Us.
No person who is not a party to these Terms and Conditions or a Contract shall acquire any rights under it or be entitled to benefit from any of its terms even if that person has relied on any such term or has indicated to any party to these Terms and Conditions or that Contract its assent to any such term.
These Terms and Conditions and a Contract (and all non-contractual obligations arising out of or connected to them) shall be governed and construed in accordance with the laws of Western Australia. Both We and You hereby submit to the non-exclusive jurisdiction of the courts of Western Australia. All dealings, correspondence and contacts between Us shall be made or conducted in the English language.
AMENDMENT TO GENERAL BUSINESS TERMS AND CONDITIONS
We reserve the right to amend these Terms and Conditions at any time. All amendments to these Terms and Conditions will be posted on-line. However, continued use of the Site will be deemed to constitute acceptance of the new Terms and Conditions.