Terms & Conditions

The website http://www.macadamiasaustralia.com.au, its associated features and mobile applications (‘Site’) is owned and operated by Macadamias Australia Enterprises Pty Ltd A.C.N. 639 628 676 (‘Macadamias Australia’, ‘we’, ‘our’, ‘us’).

These Terms and Conditions (‘Terms’), our Privacy Policy and other documents referred to within these Terms, govern the supply of products on the Site and your use of the Site. By accessing, browsing, using the Site or placing an order to purchase a product from the Site (‘Order’), you acknowledge that you have read and understood these Terms and you agree to be legally bound by these Terms. We may change these Terms at any time and the revised Terms will be made available on the Site. By continuing to use the Site, you agree to be bound the Terms and any revised Terms.

1.ACCESS AND USE OF THE SITE

1.1.You must only use the Site in accordance with these Terms and any applicable law.

1.2.You must not (or attempt to):

1.2.1.interfere with or disrupt the Site or the servers or networks that host the Site;

1.2.2.violate the security of the Site in any way;

1.2.3.access or use the Site in a manner that is illegal or prohibited by any applicable laws;

1.2.4.send or post anything on the Site that is offensive, infringes any person’s or entity’s rights, is against any applicable law or which we think is inappropriate.

1.3.You are responsible for anything you do, send or post on the Site.

1.4.We:

1.4.1.may remove or refused to display on the Site anything in our absolute discretion; or

1.4.2.may inform any law enforcement body of any suspected unauthorized or criminal activity.

1.5.By using the Site, you agree that all information you provide is accurate, up to date and does not infringe any other person’s or entity’s rights.

1.6.Access to the Site is permitted on a temporary basis. We reserve the right to suspend, withdraw, discontinue or amend all or any part of the Site without notice. We will not be liable if, for any reason, the Site is unavailable at any time or period of time.

1.7.Subject to these Terms, we grant you the right to access and use any information, data, text, graphics, photographs, videos, trade marks, logos, sounds, music, audio clips, artwork, computer code, material, and interactive features generated, provided, used, displayed, or otherwise accessible on or through the Site (Content) for the sole purpose of enabling you to purchase the products and enjoy the benefits of the Site as intended by us under these Terms (Right). The Right is limited, personal, revocable, non–assignable, non–sublicensable and non–exclusive. Any use, reproduction, modification, distribution, sale, sub–licence or storage of the Site and Content for a purpose other than set out in the Right is expressly prohibited unless we have provided prior written permission.

2.INFORMATION, PHOTOGRAPHS, INTELLECTUAL PROPERTY

2.1.The Site and the content on the Site are subject to copyright, trademarks and other intellectual property rights. These rights are owned by or licenses to Macadamias Australia.

2.2.You must not reproduce, transmit, communicate, adapt, distribute, sell, modify or publish or otherwise use any of the material on the Site, except as permitted by statute or with our prior written consent.

2.3.We use our best and reasonable measures to ensure the accuracy and currency of an information about products on the Site and on material provided by third party merchants, suppliers and/or product manufacturers. We cannot guarantee that any product information is complete, current, accurate, reliable or free from error or that the products are suitable for you. We are not responsible for any inaccuracies or errors caused by incorrect information on the Site, either in part due to us or due to information supplied to us or by third parties, except as required by law, including the Australian Consumer Law.

2.4.Due to photographic and screen limitations associated with the representation of products, some actual products may differ to a small extent in visual appearance from the way the products appear on the Site, for example in colour. Where suitable for us to do so, some depictions of products are created or chosen by us for promotional purposes and may not be an exact representation of the products received.

3.ORDERS

3.1.When you place an order to purchase a product from the Site (‘Order’), you will be required to follow the instructions on the Site, provide your personal details and information, such as your full name, billing address, shipping address and other personal details.

3.2.When you place an Order, you make an offer to purchase the product from us for the price, delivery fees and taxes advertised on the Site. We may accept your order when we dispatch the products to you.

3.3.We reserve the right to change the prices of the products from time to time without notice.

3.4.You must pay for the full purchase price of the Order, including delivery fees and taxes, at the time of placing the Order by one of the payment methods we accept on the Site. You must not pay, or attempt to pay, for the Order through any fraudulent or unlawful means. You must be fully entitled to use the payment method you select to use to pay for the Order. The payment method must have sufficient funds, credit or other payment facilities to pay for the Order. We are not responsible for the decisions of payment method providers to allow you to use their service, card scheme or provide any warranties or assurances about them. If a particular payment method service is not available to you, you should use another valid payment method we accept on the Site.

3.5.By placing an Order, you expressly authorize us to validate and verify your identity and payment by performing credit and security checks, and where we feel necessary, to transmit or obtain information about you to or from third parties from time to timeas we reasonably require.

3.6.To avoid delays in us processing the Order, please ensure that any information you provide to us is accurate and complete. If, after placing an Order, you discover that you have made a mistake, please contact our Customer Service immediately. We cannot guarantee that we will be able to amend your order in accordance with your instructions and additional fees may be charged to process a change to your Order.

3.7.We will notify you when the Order has been despatched to you by sending you an email confirmation. This email confirmation is evidence that we despatched the Order to you and that we accept your offer to purchase the products.

3.8.We are not obliged to supply the product to you until we have accepted the Order. We may cancel the whole or part of the Order or refuse to accept the Order for any reason in our absolute discretion, including but not limited to:

3.8.1.any product in the Order is not available;

3.8.2.there is an error or omission in the price or description of any product in the Order or on the Site;

3.8.3.we reasonably believe you are in breach of these Terms; or

3.8.4.payment is unable to be processed; or

3.8.5.if we suspect the Order or payment method used is fraudulent.

3.9.If we cancel all or part of the Order, we will endeavour to notify you within a reasonable time and will refund any payment we have received.

4.DELIVERY

4.1.We aim to dispatch the Order from our warehouse within 3 business days.

.2.We aim to deliver the Order to you at the address nominated by you (‘Delivery’) within up to 10 business days.

4.3.You authorize us to effect Delivery by leaving the Order at the address nominated by you.

4.4.The Order will be dispatched with Australia Post and is subject to the usual course of shipping with Australia Post.

4.5.While we use our reasonable endeavours to effect Delivery by the estimated delivery times shown on the Site, we make no warranty or representation as to the time of Delivery, the availability of any products and we are not responsible or liable to you for any delays in Delivery.

4.6.The risk of loss or damage to the Order passes to you when the Order leaves our warehouse. Ownership of the Order will pass to you when we receive full payment of the Order, including delivery charges and taxes, and upon Delivery.

5.RETURNS

5.1.We aim to provide you with products of the highest standard and quality. If you received a product with damage, a defector a fault, please contact our Customer Service as soon as possible so that we can guide you through the returns process and help resolve the problem as quickly and easily as possible. You will be required to send us images of the damage, defect or fault and further information to support your claim to assist us with our assessment of the products. We may require the product to be returned to us at your cost.

5.2.If we confirm that the product is damaged, defective or faulty, we will replace or refund the price of the product to your payment method.

5.3.Subject to applicable laws, we will not accept the return of a product and will not offer refunds or exchanges for:

5.3.1.the product was ordered as part of a promotion or special;

5.3.2.you do not notify us within 48 hours of Delivery that the product is damaged, defective or faulty;

5.3.3.the product has not been stored or handled by you in accordance with the instructions on the packet;

5.3.4.the reason for the return is that you have changed your mind or make a mistake in the Order; or

5.3.5.the reason for the return is that there has been a sudden change of price.

6.PROMOTIONS

6.1.Promotions operating on the Site are subject to these Terms and any additional terms that are specific to the promotion, as advertised within the promotion.

7.PRIVACY

7.1.We will use, store and handle any personal information you provide to us in accordance with the Privacy Act 1988 (Cth) and our Privacy Policy(accessible on the Site).

7.2.When you provide us with your personal information, you may choose to receive communication from us.

7.3.If you would like to know more about how we use, store or handle your personal information, please contact Customer Service.

8.ELECTRONIC COMMUNICATIONS

8.1.By accessing and using the Site, you consent to receiving electronic communications from us from time to time, including advertisements, promotions, services that we offer.

9.INTELLECTUAL PROPERTY

9.1.We and our licensors own all intellectual property rights in and to the Site, Content and the products(Intellectual Property).

9.2.You must not copy, modify, distribute, sell or lease any part of the Intellectual Property.

10.DISCLAIMER AND WARRANTIES

10.1.We make no warranties, express or implied, guarantees or conditions with respect to your use of the Site.

10.2.You understand that use of the Site is at your own risk and that we provide the Site on an “as is” basis “with all faults” and “as available”.

10.3.We do not guarantee the accuracy, completeness or timeliness of the Site.

10.4.Nothing in these Terms is intended to affect your rights under the Australian Consumer Law or any other applicable law.

10.5.You acknowledge that computer and telecommunication systems are not fault–free, downtime may occur and that there are many factors beyond our control. We do not guarantee the Site will be uninterrupted, timely, secure or error–free, that content or data loss will not occur, any connection to or transmission from computer networks.

10.6.Tothe extent permitted by all applicable law, including the Australian Consumer Law, we exclude any implied warranties, including for merchantability, satisfactory quality, fitness for a particular purpose, title, workmanlike effort and non–infringement.

11.LIMITATION OF LIABILITY

11.1.If you have any basis for recovering damages, to the extent permitted by law, you agree that your exclusive remedy is to recover from us, direct damages up to an amount equal to the value of the Order which the loss or breach occurred in relation to.

11.2.To the extent permitted by law, you cannot recover any:

11.2.1.consequential loss or damages;

11.2.2.loss of actual or anticipated profits or income(whether direct or indirect);

11.2.3.loss of contract or business, business interruption or other losses or damages arising from your use of the Site in a non–personal capacity;

11.2.4.special, indirect, incidental or punitive losses or damages; and

11.3.Theselimitations and exclusions apply if this remedy does not fully compensate you for any losses or fails of its essential purpose or if we knew or should have known about the possibility of the damages. To the maximum extent permitted by law, these limitations and exclusions apply to anything or any claims related to these Terms, the Site, the Order or the Products.

11.4.Wenot responsible or liable for any failure to perform or delay in performing our obligations under these Terms to the extent that the failure or delay is caused by circumstances beyond our reasonable control (such as labour disputes, acts of God, fire, flood, extremely severe weather, strike, lock–out, war or terrorist activity, riot, civil commotion, malicious damage, accidents, pandemic, epidemic or compliance with any applicable law or government order). We will endeavour to minimise the effects of any of these events and to perform the obligations that are not affected.

11.5.Nothing in these Terms restricts, limits or modifies your rights or remedies against us for failure to comply with a statutory guarantee under the Australian Consumer Law(as amended).

12.INDEMNITY AND RELEASE

12.1.You agree to indemnify, defend and hold us (including our directors, employees and agents) harmless from and against all claims, liabilities, losses and expenses (including reasonable legal fees on a full indemnity basis) that arise from any breach of these Terms by you.

12.2.Any claim related to these Terms, the Site or the Products must be filed in court within 1 year of the date you could first file the claim, unless otherwise permitted by law. If you fail to bring a claim within 1 year of the claim arising, we (including our directors, employees and agents) are deemed to be released from any and all liability in respect of the claim.

13.LINKS TO OTHER WEBSITES

13.1.We do not endorse, warrant, guarantee or make any promises about any information, products or services that may be supplied on any website links or references to external service providers, merchants or suppliers on the Site.

13.2.By accessing external website links or third party service providers and other website through the Site, we do not make any promises or guarantees that they work or that they are free from virus’. We accept no responsibility for any loss or damage that may arise from your use of, engagement or transaction with, any third party service providers.

14.TERMINATION

14.1.We may suspend your access to the Site or terminate our agreement with you, your access to the Site if we reasonably consider that you are in breach of these Terms.

14.2.We may, in our absolute discretion, terminate our agreement with you and your access to the Site and we are not obligated to provide you with the reasons.

15.GENERAL

15.1.These Terms contain all the terms agreed between you and us and superseded an excludes any prior terms published on the Site.

15.2.You may not assign, delegate or otherwise deal with all or any of your rights or obligations under these Terms. We have the right to assign, delegate or deal with any of our rights or obligations under these Terms.

15.3.No waiver by us of any breach by you of these Terms will be construed as a waiver by us of any future defaults.

15.4.Unless otherwise stated, notices to be given to either party shall be in writing and shall be delivered by email supplied by you to us or to us at our registered office.

15.5.These Terms apply to an are for the benefit of us, any related body corporate, associated entities or affiliates.

15.6.These Terms, the Site, Products and Order are governed by the laws of Queensland.

15.7.You submit to the jurisdiction of the courts of Queensland in respect of any claim arising from or related to these Terms, the Site, Products and Order.

15.8.If any provision of these Terms is prohibited by law, held to be unlawful, void or unenforceable, the provision will, to the extent required, be severed from these Terms, be deemed ineffective and will not in any way affect the validity or enforcement of the remaining Terms.

15.9.You must comply with all domestic and international export laws and regulations that apply to the Site, the Products and the Order.