TERMS OF USE

Terms & Conditions

We, and similar expressions, refer to The Coffee Galleria Pty Ltd ABN 11 144 810 373 trading as The Coffee Galleria Pty Ltd.

Public use of the web site

The Coffee Galleria Pty Ltd web site contains facilities by which members of the community, businesses and other organisations can provide information, offers, notices and other information to other users. It is a condition of use of any such facility that none of the following occurs: restrict or inhibit any other user from using or enjoying any public communication facility; post or transmit any unlawful, threatening, abusive, defamatory, obscene, vulgar, pornographic, profane or indecent information or material of any kind, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offence, give rise to civil liability or otherwise violate any applicable law; post or transmit any material of any kind which violates or infringes upon the rights of any other person, including material which is an invasion of any privacy or publicity rights or which is protected by copyright, trademark or any other proprietary right, or derivative works with respect thereto, without first obtaining permission from the owner or relevant right holder; post or transmit any material of any kind which contains a virus or other harmful component; delete any author attributions, legal notices or proprietary designations or labels in any file that is uploaded; or download any file posted by any other user of a public interface if the user knows, or reasonably ought to know, that the file cannot legally be distributed in such manner.

The Coffee Galleria Pty Ltd will monitor and review the contents of the web site. While it reserves its right to edit, refuse to post or to remove any information and/or materials (in whole or in part) that in the opinion of The Coffee Galleria is in any way objectionable or in violation of any applicable law or the Terms of Use, The Coffee Galleria Pty Ltd has no obligation whatsoever to monitor any content submitted by the public or to edit, delete or refuse to post such contents, nor is The Coffee Galleria Pty Ltd responsible for any contents in any content (including any information, comments and/or advice of any individual whose statements on the web site are solely their own).

The user expressly acknowledges and agrees that the web site provides a means of public and not private communications. The Coffee Galleria reserves the right to co-operate fully with any law enforcement authority in any jurisdiction in respect of any lawful direction or request to disclose the identity or other information in respect of anyone posting any materials which violate any applicable or relevant law.

Advertising, links to third party websites and e-commerce offers

The web site contains hyperlinks and other pointers to Internet websites operated by third parties. These linked websites are not necessarily under the control of The Coffee Galleria Pty Ltd, and The Coffee Galleria Pty Ltd is not responsible for the contents of any linked web site or any hyperlink contained in a linked website. The Coffee Galleria provides these hyperlinks to users as a convenience only, and the inclusion of any link does not imply any endorsement of the linked website by The Coffee Galleria Pty Ltd or its partners or members. The user links to any such website entirely at their own risk. The web site also contains third party advertisements (including banner ads other advertising material) which contain embedded hyperlinks, or which include referral buttons to websites operated by third parties or their licensees or contractors. All third-party advertising (including referral buttons and embedded hyperlinks) may or may not be paid for by the relevant third-party advertisers and are not recommendations or endorsements by The Coffee Galleria Pty Ltd or its partners or members or their respective directors or employees.

The user is referred to the relevant advertiser for all information regarding the advertiser and its products and/or services. In some instances, the advertisement will contain representations or offers by the third-party advertiser, which the user can accept by linking to the advertiser’s website and executing the relevant transaction. Such offers are not necessarily made by The Coffee Galleria Pty Ltd, and the third-party advertiser is solely responsible to the user for the delivery of any goods or services the user purchases on the third-party website.

The Coffee Galleria Pty Ltd prices listed in any associated web site are the responsibility of the relevant retailer and are accurate at the time of upload. They are subject to change without notice by the retailer. The Coffee Galleria Pty Ltd is not liable for the prices or price changes, including where price changes have not been reflected on the associated sites. The use of associated sites is subject to The Coffee Galleria Pty Ltd terms of use.

Limitation of liability and disclaimer

The Trade Practices Act and similar State and Territory Legislation in Australia, may confer rights and remedies on the user in relation to the provision by The Coffee Galleria Pty Ltd of goods or services on the web site which cannot be excluded, restricted or modified (“Non-excludable Rights”). The Coffee Galleria Pty Ltd does not exclude any Non-excludable Rights but does exclude all other conditions and warranties implied by custom, law or statute. Except as provided for by the Non-excludable Rights.

  1. a) All Content is provided “as is” and without warranties of any kind, either express or implied.
  2. b) The Coffee Galleria Pty Ltd and its suppliers expressly disclaim all warranties of any kind including but not limited to implied warranties of merchantability and fitness for a particular purpose.
  3. c) The Coffee Galleria Pty Ltd does not warrant that the functions contained in any content or any public interface or user access to the web site will be uninterrupted or error-free, that any defects will be corrected or that the web site or the server which stores and transmits content to the user are free of viruses or any other harmful components.
  4. d) The Coffee Galleria Pty Ltd does not warrant or make any representation regarding the users access to, or the results of the users access to, the web site (including any related or linked websites) or any content in terms of correctness, accuracy, timeliness, completeness, reliability or otherwise.
  5. e) The user (and not The Coffee Galleria Pty Ltd) assume the entire cost of any necessary verification, maintenance, repair and/or correction of any relevant content. Under no circumstances (including but not limited to any act or omission on the part of The Coffee Galleria Pty Ltd) will The Coffee Galleria Pty Ltd or its partners or members be liable for any indirect, incidental, special and/or consequential damages or loss of profits whatsoever which result from any use or access of, or any inability to use or access, the web site or any content. The user expressly acknowledges and agrees that The Coffee Galleria Pty Ltd does not exert control over users of the web site and is not liable either for their opinions or their behaviour including any information and/or advice and any defamatory statements or offensive conduct. To the fullest extent permitted by law, The Coffee Galleria Pty Ltd liability for breach of any implied warranty or condition which cannot be excluded is limited at the option of The Coffee Galleria Pty Ltd to the following: In the case of services supplied or offered by The Coffee Galleria Pty Ltd.
  6. a) The supply of the services again.
  7. b) The payment of the cost of having services supplied again; and in the case of goods supplied or offered by The Coffee Galleria Pty Ltd.
  8. c) The replacement of the goods or the supply of equivalent goods.
  9. d) The repair of such goods.
  10. e) The payment of the cost of replacing the goods or acquiring equivalent goods.
  11. f) The payment of the cost of having the goods repaired.

 

Termination

The Terms of Use are effective until terminated by The Coffee Galleria Pty Ltd, and The Coffee Galleria Pty Ltd may terminate this agreement and users’ access to the web site at any time without notice. In the event of termination, users are no longer authorised to access the web site, but all restrictions imposed on the user, licenses granted by the user and all The Coffee Galleria Pty Ltd disclaimers and limitations of liability set out in the Terms of Use will survive.