Terms and Conditions of use
1. About the Website
1.1. www.juicefactory.com.au (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 ').
1.2. The Website is operated by Juice Factory Australia PTY. LTD. (ACN 606 483 881). Access to and use of the Website, or any of its associated Products or Services, is provided by Juice Factory Australia. 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.
1.3. Juice Factory Australia reserves the right to review and change any of the Terms by updating this page at its sole discretion. 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.
2. Acceptance of the Terms
You accept the Terms by remaining on the Website. You must also accept the Terms by clicking to accept or agree to the Terms before checkout is complete.
3. Registration to use the Purchase Services
3.1. As part of the registration and purchase process you will be required to provide personal information about yourself (such as identification or contact details), including:
(a) Full Name
(b) Mailing address
(c) Email address
3.2. You warrant that any information you give to Juice Factory Australia in the course of completing the registration or purchase process will always be accurate, correct and up to date.
3.3. 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.
3.4. 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 Juice Factory Australia; 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.
4. Your obligations as a Member
4.1. 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.
(d) any use of your registration information by any other person, or third parties, is strictly prohibited. You agree to immediately notify Juice Factory Australia 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 is limited, non-transferable and allows for the sole use of the Website by you for the purposes of Juice Factory Australia 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;
5. Purchase of Products and Returns Policy
5.1. 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 ').
5.2. Payment of the Purchase Price may be made through our checkout payment options (the 'Payment Gateway Provider ') which will be processed instantly or via bank transfer.
5.3. Following payment of the Purchase Price being confirmed by Juice Factory Australia, you will be issued with a receipt to confirm that the payment has been received and Juice Factory Australia may record your purchase details for future use.
5.4. Juice Factory Australia may, at their sole discretion, provide a refund on non-consumable products the return of the Products within 14 days of agreement where the Product packaging is unopened and remains in a saleable condition. You acknowledge and agree that you are liable for any postage and shipping costs associated with any refund pursuant to this clause.
5.5. Juice Factory Australia cannot provide a refund on consumable product purchases such as flavouring and ingredient products that have been opened due to health and hygiene concerns.
6.1. You acknowledge that the Purchase Services offered by Juice Factory Australia integrate delivery (the ' Delivery Services ') through the use of third party delivery companies (the ' Delivery Service Providers ').
6.2. In providing the Purchase Services, Juice Factory Australia may provide you with a variety of delivery and insurance options offered as part of the Delivery Services by the Delivery Service Providers. You acknowledge and agree that Juice Factory Australia is not the provider of these delivery and insurance options and merely facilitates your interaction with the Delivery Service Providers in respect to providing the Delivery Services.
6.3. In the event that an item is lost or damaged in the course of the Delivery Services, Juice Factory Australia asks that you contact us by submitting the contact form on the Website outlining in what way the Products were damaged in transit. Juice Factory Australia will attempt to mediate with the Delivery Service, but no guarantees are made.
8. General Disclaimer
8.1. You acknowledge that Juice Factory Australia does not make any terms, guarantees, warranties, representations or conditions whatsoever regarding the Products other than provided for pursuant to these Terms.
8.2. Flavouring and ingredients sold by Juice Factory Australia are to be mixed with or added to food for human consumption. Any other use of the products is done so at your own risk.
8.3. Juice Factory Australia will make every effort to ensure a Product is accurately depicted on the Website, however, you acknowledge that sizes, colours and packaging may differ from what is displayed on the Website.
8.4. 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.
8.5. Subject to this clause, and to the extent permitted by law:
(a) all terms, guarantees, warranties, representations or conditions which are not expressly stated in these Terms are excluded; and
(b) Juice Factory Australia 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.
8.6. Use of the Website, the Purchase Services, and any of the products of Juice Factory Australia (including the Delivery Services), is at your own risk.
Everything on the Website, the Purchase Services, and the Products of Juice Factory Australia, 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 Juice Factory Australia (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 Juice Factory Australia) 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.
9. Limitation of Liability
9.1. Juice Factory Australia'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 Juice Factory Australia is the resupply of information or Purchase Services to you.
9.2. You expressly understand and agree that Juice Factory Australia, 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.
9.3. Juice Factory Australia 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 Juice Factory Australia, by third parties or by any of the Purchase Services offered by Juice Factory Australia.
9.4. You acknowledge that Juice Factory Australia does not provide the Delivery Services to you and you agree that Juice Factory Australia 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.
10. Termination of Contract
10.1. The Terms will continue to apply until terminated by either you or by Juice Factory Australia as set out below.
10.2. If you want to terminate the Terms, you may do so by:
(a) notifying Juice Factory Australia at any time; and
(b) closing your accounts for all of the Purchase Services which you use, where Juice Factory Australia has made this option available to you.
Your notice should be sent, in writing, to Juice Factory Australia via the contact form link on our homepage.
10.3. Juice Factory Australia 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) Juice Factory Australia is required to do so by law;
(c) the partner with whom Juice Factory Australia offered the Purchase Services to you has terminated its relationship with Juice Factory Australia or ceased to offer the Purchase Services to you;
(d) Juice Factory Australia 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 Juice Factory Australia is, in the opinion of Juice Factory Australia, no longer commercially viable.
10.4. Subject to local applicable laws, Juice Factory Australia 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 Juice Factory Australia's name or reputation or violates the rights of those of another party.
10.5. When the Terms come to an end, all of the legal rights, obligations and liabilities that you and Juice Factory Australia 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.
11.1. You agree to indemnify Juice Factory Australia, its affiliates, employees, agents, contributors, third party content providers and licensors from and against:
(a) 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;
(b) 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
(c) any breach of the Terms.
12. Governing Law
The Terms are governed by the laws of Western Australia, 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 Western Australia, 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.