TERMS AND CONDITIONS
This website is operated by Truth Kombucha BV. It is available at: www.truth-komucha.com and may be available through other addresses or channels including our mobile site (collectively theSite).
By accessing and/or using the Site you:
You may order products from us as set out on the Site. Any order placed through the Site is an offer by you to purchase a particular product or products for the price which we will send via email. (including the delivery and other charges and taxes) at the time you place your order.
You may make an order for:
a one-off purchase (One-Off Purchase);
We may, at our absolute discretion, accept or reject an order. We will endeavour to notify you of a rejection at the time of the order or within a reasonable time thereafter.
Each One-Off Purchase order that we accept results in a separate binding agreement between you and us for the supply of products in accordance with the Terms.
It is your responsibility to check the order details, including selected products, before you submit your order through the Site.
After submitting your order, we will provide you with order details, which may include an order number, an order ID, the delivery and billing addresses and a description of what was ordered.
DELIVERY, TITLE AND RISK
We will deliver the products to the delivery address you provide when making your order. We deliver Australia wide and if we cannot deliver to you, we will notify you as soon as practicable. We do not currently ship internationally. Delivery costs are set out on the Site. For Subscriptions, you may choose to pay a fixed-fee to receive free delivery for all orders placed within a 12 months period as set out on the Site. This fixed-fee will form part of the Subscription Fee for your next Billing Day only.
We normally dispatch products within: for One-Off Purchases, 24 hours of receiving an order, unless otherwise noted on the Site; for Subscriptions, 24 hours of the Billing Day.
Any delivery periods displayed on the Site are estimates only, based on the information provided by the delivery company. If you need to change the delivery date or delivery address, please notify us immediately in writing. If you change your delivery address after your Billing Day, we will deliver to the original address and the new delivery address will become effective for your next Billing Day.
We may deliver the products using a range of delivery methods. Title to the products will remain with us until you have paid us the Price, or the Subscription Fee for that billing cycle in full in accordance with the Terms. Risk in the products will pass to you as soon as they are delivered to the delivery address you provided in your order.
If, under a Subscription, you are not 100% satisfied with the taste of one of our products, we will add a product of an equivalent value to your next order free of charge (subject to stock availability). You must receive a subsequent order to benefit from the happiness promise. You agree that the happiness promise must not be redeemed in two consecutive Subscription billing cycles or more than twice in a 12 month period. For the avoidance of doubt, this clause 11(a) does not apply where the Subscription is cancelled. We reserve the right to change or stop the happiness promise at any time.
All intellectual property (including copyright) developed, adapted, modified or created by us or our personnel (including in connection with the Terms and the Site) will at all times vest, or remain vested, in us.
You must not, without our prior written consent:
copy or use, in whole or in part, any of our intellectual property;
reproduce, retransmit, distribute, disseminate, sell, publish, broadcast or circulate any of our intellectual property to any third party; breach any intellectual property rights connected with the Site or the products, including (without limitation) altering or modifying any of our intellectual property; causing any of any of our intellectual property to be framed or embedded in another website; or creating derivative works from any of our intellectual property. User Content
You may be permitted to post, create, upload, publicise or otherwise submit content (Submit), such as reviews, comments, pictures and videos on your account (User Content). You must Submit User Content in accordance with the Terms. We ask you to limit your discussions to topics which are relevant to the Site and the products. We reserve the right to remove any reviews or comments which we, in our sole discretion, deem to be in breach of these terms including the ‘Exclusions’ clause and deem to be inappropriate including posts that: defame, harass, threaten, stalk, menace, track, monitor, hurt, mistreat, offend or otherwise hurt any person; use obscene or foul language;
include link(s) to inappropriate, offensive or illegal material on the forum;
could be considered intolerant of a person’s race, culture, appearance, gender, sexual preference, religion or age; and interfere with another user. We are not responsible for the conduct of any user of our Site. You agree and acknowledge that you participate on the Site including by Submitting User Content at your own risk. By making available any User Content on or through our Site, you grant to us a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free licence to use the User Content, with the right to use, view, copy, adapt, modify, distribute, license, transfer, communicate, publicly display, publicly perform, transmit, stream, broadcast, access, or otherwise exploit such User Content on, through or by means of our Site. You agree that you are solely responsible for all User Content that you make available on or through our Site. You represent and warrant that:
you are either the sole and exclusive owner of all User Content or you have all rights, licences, consents and releases that are necessary to grant to us the rights in such User Content (as contemplated by these Terms); neither the User Content nor the posting, uploading, publication, submission or transmission of the User Content or our use of the User Content on, through or by means of our Site will infringe, misappropriate or violate a third party’s intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
You must not access or use the Site except as permitted by these Terms and you must not do, omit to do, or authorise any act that would or might invalidate or be inconsistent with our intellectual property rights on the Site. Without limiting the foregoing provisions, you must not and must not permit any other person to: resell, assign, transfer, distribute or provide others with access to the Site;
use the Site to transmit, publish or communicate material that is defamatory, offensive, abusive, indecent, menacing or unwanted; use the Site in any way that damages, interferes with or interrupts the supply of the Site; introduce malicious programs into our hardware and software or our hardware, software and services which are integrated and operate together, including our networks (Systems), including viruses, worms, trojan horses and e-mail bombs;
reveal your account password to others or allow others to use your account;
use the Site to carry out security breaches or disruptions of a network. Security breaches include accessing data where you are not the intended recipient or logging into a server or account that you are not expressly authorised to access or corrupting any data (including network sniffing/monitoring, pinged floods, packet spoofing, denial of service and forged routing information for malicious purposes); use any program/script/command, or send messages of any kind, with the intent to interfere with, or disable, any person’s use of the Site or any training resources from the Site;
send any unsolicited messages through or to users of the Site in breach of the Spam Act 2003 (Cth) or to send any form of harassment via email, or any other form of messaging, whether through language, frequency, or size of messages or use the Site in breach of any person’s privacy (such as by way of identity theft or “phishing”); use the Site to circumvent user authentication or security of any of your networks, accounts or hosts or those of your customers or suppliers.
Despite anything to the contrary, to the maximum extent permitted by law:
our maximum aggregate liability arising from or in connection with the Terms (including the products and/or the subject matter of the Terms) will be limited to, and must not exceed us resupplying the products to you; we will not be liable to you for any loss of profit (including anticipated profit), loss of benefit (including anticipated benefit), loss of revenue, loss of business, loss of goodwill, loss of opportunity, loss of savings (including anticipated savings), loss of reputation, loss of use and/or loss or corruption of data, whether under statute, contract, equity, tort (including negligence), indemnity or otherwise. Despite anything to the contrary, to the maximum extent permitted by law, we will have no liability, and you release and discharge us from all liability, arising from or in connection with any:
loss of, or damage to, the products, or any injury or loss to any person;
failure or delay in providing the products; breach of the Terms or any law, where caused or contributed to by any: event or circumstance beyond our reasonable control;
act or omission of you or your related parties, and, in any event, any defect, error, omission or lack of functionality or suitability (or the absence of, or reduction in, any anticipated result, outcome or benefit) with respect to the products. Nothing in the Terms attempts to modify or exclude the conditions, warranties and undertakings, and other legal rights, under the Australian Consumer Law. In Australia, our goods come with guarantees which cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure. Any and all other warranties or conditions which are not guaranteed by the Australian Consumer Law are expressly excluded where permitted, except to the extent such warranties and conditions are fully expressed in these Terms.
Disputes: Neither party may commence court proceedings relating to any dispute arising from, or in connection with, these Terms without first meeting with a senior representative of the other party to seek (in good faith) to resolve that dispute (unless that party is seeking urgent interlocutory relief or the dispute relates to compliance with this clause). Notices: Any notice given under these Terms must be in writing addressed to us at the details set out below or to you at the details provided when setting up or updating your account. Any notice may be sent by standard post or email, and will be deemed to have been served on the expiry of 48 hours in the case of post, or at the time of transmission in the case of transmission by email. Waiver: Any failure or delay by a party in exercising a power or right (either wholly or partly) in relation to these Terms does not operate as a waiver or prevent a party from exercising that power or right or any other power or right. A waiver must be in writing.
Relationship of parties: These Terms are not intended to create a partnership, joint venture or agency relationship between the parties. Photographs: If you provide us with photographs of the products via email, on your account page or by tagging us on social media networks, you consent to us publishing such photographs and details (including but not limited to your name, location and date) for our marketing purposes including on the Site and social media.
Severance: If a provision of these Terms is held to be void, invalid, illegal or unenforceable, that provision is to be read down as narrowly as necessary to allow it to be valid or enforceable, failing which, that provision (or that part of that provision) will be severed from these Terms without affecting the validity or enforceability of the remainder of that provision or the other provisions.
Assignment: You must not assign any rights or obligations under these Terms, whether in whole or in part, without our prior written consent. Amendment: We may, at any time and at our discretion, vary these Terms by providing you with 30 days’ written notice. If you have a Subscription and you do not agree with the variation, you may cancel your Subscription and terminate these Terms in accordance with the ‘Cancellation’ clause. For One-Off Purchases, prior to placing an order, we recommend you carefully read the terms that are in effect at that time to ensure you understand and agree to them. For any One-Off Purchase order that has been accepted by us, the terms and conditions that apply will be the ones that were in effect (and which you agreed to) when you placed your order.
Governing law: These Terms are governed by the laws of New South Wales. Each Party irrevocably and unconditionally submits to the exclusive jurisdiction of the courts operating in New South Wales and any courts entitled to hear appeals from those courts and waives any right to object to proceedings being brought in those courts. The Site may be accessed in Australia and overseas. We make no representation that the Site complies with the laws (including intellectual property laws) of any country outside of Australia. If you access the Site from outside Australia, you do so at your own risk and are responsible for complying with these laws in the place you access the Site.
For any questions and notices, please contact us at:
Truth Kombucha B.V.
3454PT De Meern
Last update: August 2019