This consent is effective until you withdraw it. You may withdraw your consent to electronic communication and delivery of documents, update your contact information at any time by logging into your account using your username and password and clicking on “Profile”. We will send you a confirming notice once we have processed your change request.
When you purchase our products from Community Pod, you may create an account as part of the checkout process. You are responsible for maintaining the confidentiality of your password and restricting access to your password and account. Additionally, you agree to accept responsibility for all purchases and activities that occur under your account.
Acceptance of Order
Your placement of an order on the Community Pod does not necessarily assure that we will accept your order. We reserve the right to refuse any order in our sole discretion. In addition, before accepting your order, we may require additional information if you have not provided all of the information required by us to process your order. Once a completed order is received, authorisation of your form of payment is received and we have accepted your order, we will promptly place your order in line for processing and shipment.
Pricing and Availability
All prices for products, including associated costs of shipping and tax, are shown in Australian dollars. All prices are subject to change without notice, and you agree that taxes may be adjusted from the amount shown on the payment screens. Several factors may cause this, such as variances between processor programs and changes in tax rates or the location orders are shipped. All items are subject to availability and we reserve the right to impose quantity limits on any order, to reject all or part of an order, and to discontinue products without notice, even if you have already placed your order. If for some reason an item on your order is out of stock, we will issue a full refund for such item.
Forms of Payment
Community Pod currently accepts Visa, MasterCard, and PayPal for all orders. By submitting your order, you represent and warrant that you are authorised to use the designated credit card and authorise us to charge your order (including taxes, shipping and handling) to that card. If the card cannot be verified, is invalid or is otherwise not acceptable, your order may be suspended or cancelled automatically.
Credit Card Security
The safety of your personal information is extremely important to Community Pod. We use payment processors with a high level of electronic and physical security measures and devices to protect your personal data and credit card information from unauthorised access.
Community Pod does not store or handle directly any Credit Card numbers or other sensitive data on our servers. Any “stored cards” or orders and customers utilising Community Pod’s online ordering scheduled ordering services are securely billed through a PCI Compliant Credit Card gateway and processor.
Shipping Terms; Risk of Loss
We endeavour to ship all orders for in-stock items within one (1) business day(s). Our standard business hours are 9AM – 5PM (Western Australian Time Zone) Monday – Friday. Standard shipping of products purchase on the Site is via independent carrier not affiliated with, or controlled by, Community Pod , and you should allow five (5) to eight (8) business days for standard delivery once an order has been shipped. For an additional fee, we offer expedited shipping if that is your preferred shipping choice. All shipping charges are your responsibility, unless waived by Community Pod. Shipping charges will be included on your invoice and can be viewed prior to finalising your order. The shipping charge shown during the checkout process is subject to verification. Shipping charges are subject to change without notice. Title to products purchased on the Site, as well as the risk of loss for such products, passes to you when Community Pod delivers these items to the carrier for shipment, and we are not responsible for any shipping delays or problems once the product has been shipped.
TERMS AND CONDITIONS
1.1.1 Community Pod do not accept responsibility for any loss, expense or damages, however caused (including through negligence), that you may directly or indirectly suffer in connection with your use of this website or any linked website or any transaction that occurs as a result of the use of this website, nor do we accept any responsibility for any such loss etc arising out of your use of or reliance on information contained on or accessed through this website. Community Pod offer no warranties in relation to goods or services sold or listed unless specified. Community Pod also offer no warranty in relation to the availability of any services and/or goods provided.
1.1.2 To the extent permitted by law, any condition or warranty that would otherwise be implied into these Terms is hereby excluded. Where legislation implies any condition or warranty, and that legislation Community Pod from excluding or modifying the application of, or our liability under, any such condition or warranty, that condition or warranty will be deemed included but Community Pod’s liability will be limited for a breach of that condition or warranty to the cost you paid to access this website.
1.1.3 You must ensure that your access to this website is not illegal or prohibited by laws that may apply to you;
1.1.4 You must take your own precautions to ensure that the process that you employ for accessing this website does not expose you to risk of viruses or other form of interference that may damage your own computer system. For the removal of doubt, Community Pod do not accept responsibility for any interference or damage to your own computer system which arises in connection with your accessing of this website or any linked website;
1.1.5 Whilst we have no reason to believe that any information contained on this website is inaccurate Community Pod do not warrant the accuracy, adequacy or completeness of such information, nor does Community Pod undertake to keep this website updated. Community Pod do not accept responsibility for loss suffered as a result of reliance by you upon the accuracy or currency of information contained on this website;
1.1.6 Responsibility for the content of any advertisements or links to external sites appearing on this website (including hyperlinks to advertisers’ own websites) rests solely with the advertisers. The placement of such advertisements does not constitute a recommendation or endorsement by Community Pod of the advertisers’ products and each advertiser is solely responsible for any representations made in connection with its advertisement;
1.1.7 Community Pod are not responsible for any loss whatsoever a user may suffer including, but not limited to, economic loss, for reliance on, guidelines or comments from Community Pod.
1.2 EXEMPTION TO DISCLAIMER
The disclaimer set out in these Terms does not attempt or purport to exclude liability arising under statute, if, and to the extent, such liability cannot be lawfully excluded.
1.2 LIABILITY AND INDEMNITY
1.2.1 You agree that Community Pod will be under no liability to you in respect of any loss, expense or damage (including indirect, special or consequential loss or damage) that may be suffered or incurred by you or that may arise directly or indirectly in respect of goods or services supplied pursuant to this website;
1.2.2 You release and indemnify Community Pod against all actions, claims and demands (including the cost of defending or settling any action, claim or demand) that may be instituted against Community Pod arising out of a failure by any of Community Pod representative to comply with these Terms;
1.2.3 You also release and indemnify Community Pod against all actions, claims and demands (including the costs of defending or settling any action, claim or demand) that may be instituted against Community Pod arising our of any act or omission on your part, including but not limited to a failure by you to comply with your obligations under these Terms.
1.3 LINKED WEBSITES
1.3.1 This website may contain links to other websites (“linked websites”). Those links are provided for convenience only and may not remain current or be maintained, and Community Pod are not responsible for the content or privacy practices associated with linked websites;
1.3.2 Links with linked websites should not be constructed as an endorsement, approval or recommendation by Community Pod of the owners or operators of those linked websites, or of any information, graphics, materials, goods or services referred to or contained on those linked websites, unless and to the extent we stipulate to the contrary.
2.0 INTELLECTUAL PROPERTY NOTICES
Copyright in this website (including text, graphics, logos, icons, sound recordings and software) is owned or licensed by us. Other than for the purposes of, and subject to the conditions prescribed under, the Copyright Act 1968 (Commonwealth) and similar legislation that applies in your location, and except as expressly authorised by these Terms, you may not in any form or by any means, without our express written consent: adapt, reproduce, reverse engineer, store, distribute, print, perform, publish or create derivative works from any part of this website; or commercialise any information, products or services obtained from any part of this website.
2.2 TRADE MARKS
2.2.1 Except where otherwise specified, any word or device to which is attached the ™ symbol or ® symbol is a registered trade mark;
2.2.2 If you use any of Community Pod’s trade marks in reference to Community Pod’s activities, products or services, it is your responsibility to include a statement attributing that trade mark to us;
2.2.3 It is your responsibility not to use any of our trade marks:
(a) In or as the whole of part of your own trade marks;
(b) In connection with activities, products or services which are not ours;
(c) In a manner which may be confusing, misleading or deceptive; or
(d) In a manner that disparages any of Community Pod’s information, products or services (including this website).
2.3 RESTRICTED USE
Unless we specifically agree otherwise in writing, you are provided with access to this website only for your personal use. You are authorised to print a copy of any information contained on this website for your personal use, unless such printing is expressly prohibited. Without limiting the foregoing, you may not on-sell information obtained from this website.
2.4 DATA TRANSMISSIONS
Any and all data transmission to us through this website will forever be our or our nominee’s property, and we will not be required to treat such as confidential. Nor will we be liable for any ideas for its business (including without limitation, product, service, marketing ideas) and will not incur liability as a result of any similarities that may appear in future The Coffee Club Network operations. Without limitation, we and/or our nominee will have exclusive ownership of all present and future existing rights to the data transmission of every hind and nature everywhere. We and/or our nominees will be entitled to use the data transmission for any commercial or other purpose whatsoever without compensation to you or any other person sending the data transmission. You acknowledge that you are responsible for whatever data you transmit and you have full responsibility for the message, including its legality, copyright, reliability and appropriateness.
3.0 GENERAL PROVISIONS & TERMINOLOGY
3.1.1 We accept no liability for any failure to comply with these Terms where such failure is due to circumstances beyond our reasonable control;
3.1.2 If we waive any rights available to us under these Terms on one occasion, this does not mean that those rights will automatically be waived on any other occasion;
3.1.3 If any of these Terms is held to be invalid, unenforceable or illegal for any reason, then to the extent of such unenforceability, invalidity or illegality it is to be severed from this Agreement and the remaining Terms shall nevertheless continue in full force;
3.1.4 If any Terms of this Agreement and any Policies published on this website or the website in use becomes invalid or unenforceable for any reason, then that invalidity or unenforceable will not affect the validity or enforceability of any of the other separate and independent clauses, covenants and restraints in the aforementioned agreements;
3.1.5 You agree that you will only use the website and the information derived from the website solely for the legitimate purposes contemplated by these Terms and in accordance with these Terms;
3.16 In addition to these Terms, you agree to comply with any policies, rulings, procedures, systems and/or forms that we place on this website from time to time;
3.1.7 You agree to act honestly and reasonably in all of your dealings in relation to or on the website.
3.2 GOVERNING LAW
These Terms and Conditions are governed by the laws in force in Western Australia, Australia.
In these Terms, the following expressions have the following meanings, unless the context otherwise requires:
“Community Pod, we, us or our” means Community Pod Pty Ltd, our related entities, associates, and each entities officers, employees, agents and contractors;