By accessing, visiting, browsing, using or interacting or attempting to interact with any part of the Site, You agree on Your behalf personally, and on behalf of any entity for which You are an agent or You appear to represent, that you have read and understood, and agree to be bound by these Terms and Conditions and including terms and conditions set out in Delivery Policy, Payment Policy and Return Policy.
- Definitions
In these Terms and Conditions, capitalised terms have the following definitions:
Australian Consumer Law means the Competition and Consumer Act 2010 (Cth);
Content is as defined in section 13.1;
GST has the meaning given to that term in the GST law;
GST law has the meaning given to that term in the A New Tax System (Goods and Services Tax) Act 1999 (Cth);
Identification is as defined in section 2.2;
Intellectual Property Rights means any intellectual or industrial property, including without limitation, any patent, trade mark, copyright, registered design, trade secret or confidential information or any licence or other right to use or to grant the use of any of the foregoing or to be the registered proprietor or user of any of the foregoing (whether registered or unregistered);
Order means any order placed by You with Us for any of the Products through the use of this Site;
Original User means that person, firm, or corporation which first purchases and uses the Product on a continuous basis in connection with the operation of a production line, piece of machinery, equipment, or similar device;
Products means products published by Us on this Site and Product means any one of them;
Site means Our website at www.meridianpatisserie.com.au;
Terms and Conditions means these terms and conditions and Our privacy policy from time to time;
We, Us, Our means Rienda Pty Ltd ACN 636 060 949 and any ‘associated entities’ as defined by section 50AAA of the Corporations Act 2001 (Cth) (as the context requires); and
You, Yourself, Your means any person, business, company, firm or organisation who accesses the Site.
- Access to the Site
- Subject to these Terms and Conditions, We grant You a non-exclusive, non-transferable, non-sub licensable limited licence to access and use the Site.
- Registration for an account is not required to use the Site or purchase our Products.
- If You do register for an account, You agree that You are solely responsible for keeping your username and password to the account confidential (Identification). Please contact Us immediately at [email protected] if you believe that your Identification has been lost or stolen, or that someone may attempt to use your Identification without your consent.
- You agree that you and your authorised representatives will be the only users of your Identification, and that you will be solely responsible for all activities on the Site using your Identification.
- We will be entitled to monitor your Identification and, at Our discretion, require you to change it.
- We reserve all rights to suspend, prohibit access to or terminate Your account or usage of the Site.
- Code of conduct
You agree to abide by the following codes of conduct when using this Site:
- You agree to use this Site only for lawful and its intended purposes;
- We reserve the right to prohibit any conduct involving this Site that We deem to be inappropriate;
- You agree not to disrupt this Site;
- You agree not to interfere with or compromise the security of this Site;
- You agree not to disrupt or interfere with any other visitor’s use of this Site;
- You agree that you are solely responsible for any actions you undertake while visiting this Site and that you will comply with all applicable local, state, federal and international laws, rules and regulations applicable to this Site and the Internet; and
- You represent and warrant that all information that you provide to Us via this Site is accurate and truthful.
- Price and Product availability
- All prices of Products on the Site are displayed in Australian dollars unless otherwise specified.
- All prices of Products on the Site exclude GST and any other applicable taxes (unless otherwise specified), which We will add at the rate applicable at the date Your Order is accepted by us. If GST applies to any supply the Customer must pay an additional amount equal to the amount of GST.
- Prices and availability of Products are subject to change without notice.
- You acknowledge that the price for a Product may vary instore and as displayed on the Site.
- Accuracy of Content
- While We strives to provide accurate information, content and material (Content), we do not guarantee that the Content will be complete, accurate, error-free, useful for a certain purpose or available at any particular time. In the event that a pricing, shipping information, typographical error or inaccuracy exists with any Products ordered, We reserve the right to cancel or refuse the Order at any time without notice.
- In general, in most instances involving pricing, typographical error or inaccuracy, We will contact You for further instructions or cancel the Order with an email and/or telephone notification.
- Third-party
- The Site may contain links to third parties’ web pages or display Content supplied by third parties. We are not responsible for the content, accuracy or opinions expressed in such web sites, and such web sites are not investigated, monitored or checked for accuracy or completeness by Us.
- Inclusion of any linked web site on this Site does not imply approval or endorsement of the linked web site by Us. If You decide to leave our Site and access these third-party sites, you do so at your own risk and acknowledge that We not liable for damages, irrespective of their nature, incurred by the use or non-use of third parties’ web pages.
- Intellectual property
- You acknowledge and agree that We have exclusive Intellectual Property Rights to the following:
- all Content of the Site (including, without limitation, any computer source code, object code, HTML code or other code comprising this Site); and
- the Products;
and You shall not:
- reproduce, distribute, transmit, display or use this Site and any Content without Our prior written consent; and
- disassemble, decompile, reverse engineer or reverse compile the Products or the Site.
- We grant you permission to display, copy, distribute, print and/or download the content on this Site for your personal use only. Except as expressly authorised by Us, if You display, copy, distribute, print and/or download the Content on this Site, then You may not modify that Content and You must retain all copyright notices contained in this Site and the Content. The permission granted herein terminates automatically if you breach these Terms and Conditions. Upon termination of such permission, You must immediately and permanently delete and destroy any content you displayed, copied, distributed, printed and/or downloaded.
- You further acknowledge that if You breach this section, We shall incur irreparable injury and harm and money damages would be an insufficient remedy, and as such, and in addition to all other remedies, We shall be entitled to seek injunctive relief restraining You from further breach of this section.
- You acknowledge and agree that We have exclusive Intellectual Property Rights to the following:
- Indemnification
- You shall indemnify, defend, and hold Us, Our officers, employees, directors, representatives, shareholders, agents, successors and assignees, harmless against and from any and all losses, claims, damages, liabilities or expenses, including without limitation, legal fees and expenses, incurred by Us as a result of or arising out of:
- Your breach of these Terms and Conditions;
- actual or alleged direct, or contributory infringement of, or inducement to infringe, any Intellectual Property Rights we own by reason of Your use of the Products or access to this Site; and
- any act or omission of or wilful misconduct by You, or Your agents, employees, representatives, officers, directors or subcontractors.
- You shall indemnify, defend, and hold Us, Our officers, employees, directors, representatives, shareholders, agents, successors and assignees, harmless against and from any and all losses, claims, damages, liabilities or expenses, including without limitation, legal fees and expenses, incurred by Us as a result of or arising out of:
- Limitation of liability
- To the maximum extent permitted by law, We are not liable (including, but not limited to, liability in tort, contract and for breach of statute) to You or any other person for any loss or damage consequential or otherwise (whether contractual, tortious, statutory or otherwise) for any special, incidental, indirect or consequential damages or injury including, but not limited to, any loss of profits, contracts, or revenue arising out of or in connection with:
- the provision of the Products and whether as a result of any breach, default, negligence or otherwise by Us suffered or incurred by You or any other person in relation to the Products;
- in particular, but without limiting section 13(a), any loss or damage consequential or otherwise suffered or incurred by You or any other person caused by or resulting directly from any failure, defect or deficiency of any kind of or in the Products;
- improper storage, improper use of the Product in a manner inconsistent with its purpose for which the Products are made; and
- the use of, or inability to use this Site due to any reason whatsoever.
- To the maximum extent permitted by law, We are not liable (including, but not limited to, liability in tort, contract and for breach of statute) to You or any other person for any loss or damage consequential or otherwise (whether contractual, tortious, statutory or otherwise) for any special, incidental, indirect or consequential damages or injury including, but not limited to, any loss of profits, contracts, or revenue arising out of or in connection with:
- Changes to this Site and these Terms and Conditions
- We reserve the right to change these Terms and Conditions and edit, delete, modify, suspend or discontinue any Content, feature, aspect, Product or service comprising, or available through, this Site at any time without notice or liability to You.
- You agree to review these Terms and Conditions as well as notices that We may send You regarding these Terms and Conditions. Your continued use of the Site represents Your agreement to all Terms and Conditions, including new and/or modified provisions of these Terms and Conditions from time to time.
- If you do not agree with these Terms and Conditions, do not use this Site.
- We reserve the right to change these Terms and Conditions and edit, delete, modify, suspend or discontinue any Content, feature, aspect, Product or service comprising, or available through, this Site at any time without notice or liability to You.
- Force majeure
- We shall not be responsible for any failure or omissions to carry out or observe any term of these Terms and Conditions if such failure or omission arises by events beyond Our reasonable control, including but not limited to Acts of God, changes of laws or regulations or other acts of government, labour disputes, strikes, riots, mobs, fires, floods, wars, embargoes, impossibility to obtain necessary material, labour, machinery, or transportation.
- General
- If any provision of these Terms and Conditions is held invalid or unenforceable in whole or in part, that provision shall be ineffective without affecting the validity or enforceability of the remaining provisions of these Terms and Conditions.
- The headings used in these Terms and Conditions are for reference and the convenience of the readers and shall not constitute part of these Terms and Conditions for interpretation purposes.
- These Terms and Conditions constitute the entire and only agreement between You and Us and supersede all prior agreements, representations, warranties and understandings with respect to the subject matter.
- The failure to enforce any provision of these Terms and Conditions shall not be deemed a waiver of such provision nor of the right to enforce such provision. No waiver of any right will be effective against Us unless expressly stated in writing.
- You agree that this these Terms and Conditions are construed in accordance with the laws in force in the State of South Australia.
- You irrevocably submit and accept the exclusive jurisdiction of any of the Courts of the State of South Australia or the Commonwealth of Australia and any courts of appeal from these courts.
