TERMS OF SERVICE

Website Terms and Conditions

  1. Introduction
  • This website is a created and controlled by Matcha Maiden Pty Ltd (ACN 639 649 899) (Matcha Maiden, we, us or our).
  • These terms and conditions of use (Terms of Use), together with our Terms and Conditions of Sale, Privacy Policy and Return and Refund Policy, apply to our website (matchamaiden.com) (website) and information, tools, products and services made available to you on, or via, the website. The term you or your refers to the person or organisation accessing, using or relying upon our website and the products and services offered, on or via, the website.
  • Please read these Terms of Use carefully before accessing or using the information, tools, products or services made available to you through the website. Whenever you access or use our products, services and/ or website you indicate that you have read, understood and accept these Terms of Use, together with our Privacy Policy, and that you agree to be bound by them. Please contact us at [email protected] if you have any particular questions in relation to the use of the website. If you do not wish to comply with the Terms of Use, you should not access or use the website and the information, tools, products and services offered, on or via, the website.

 

  1. Information provided on this website
  • The purpose of this website is to promote the benefits of matcha powder and to provide you with information about our products and services, which can be purchased on, or via, the website.
  • The information and material contained on this website does not take into account your individual needs, objectives or circumstances, and it is does not constitute medical, lifestyle, dietary, therapeutic or other advice. Any reliance on, and use of, the information and material contained on this website is at your own risk.
  • Matcha Maiden do not warrant the accuracy or completeness of the information and material provided on, or via, the website and we are under no obligation to update this information or material nor notify you of any changes unless required by law. We assume no responsibility or liability for any such inaccuracies, errors or omissions, and we are not liable to you or anyone else for any use or reliance upon any information or material contained on, or via, the website.
  • We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders made on, or via, the website if any information on the website or on any related site or social media page is inaccurate at any time without prior notice (including after you have submitted your order).
  • We do not recommend or endorse any third party goods, services or content appearing on, or via, this website, or any content, comments or submissions appearing on or via social media pages or other sites which are linked to this website, nor imply any association with their owners or operators. Such third party references or links are provided for your information and convenience only. Your linking to or from these sites, or use of, or reliance on, such sites, products or services is at your own risk. We have no control over the contents, quality, integrity of those third party sites, products or services, and we accept no responsibility for them or for any loss or damage that may arise from your access to, and use of, them (notwithstanding anything else contained herein or otherwise).

 

  1. Access and use of this website
  • We will not be liable to you or anyone else if for any reason the website is unavailable (wholly or partly) at any time or for any period.
  • Access to the website is permitted on a temporary basis, and we reserve the right to withdraw or amend the products, services, pricing, information and content we provide on, or via, the website at any time without notice. From time to time, we may restrict access to some parts of the website (wholly or partly).
  • You are responsible for making all arrangements necessary for you to have access to the website. You are also responsible for ensuring that all persons who access the website through your internet connection or mobile telephone are aware of these Terms of Use, and that they comply with them.
  • To the maximum extent permitted by law, Matcha Maiden may, at our absolute discretion, refuse to sell products or services to anyone or refuse to provide a person with access to our website for any reason at any time.
  • When accessing and using our website, you understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

 

  1. Liability and disclaimer
  • The Internet is not a secure medium and communications to and from this website may be intercepted or altered in transit. We do not warrant and is not liable to you or any third person for any loss or damage arising out of, or in connection with, any virus, system failure or other technologically harmful material that may infect your computer equipment, systems, or data due to your access to, or use of, this website or any links to third party sites, and for the downloading of any material posted on this website or any third party site.
  • The website, any information or material displayed on, or via, the website, our products and services are provided to you ‘as is’ and ‘as available’ without warranty conditions or guarantees as to their accuracy, completeness, timeliness, reliability, currency or fitness for purpose. It is your sole responsibility to determine that the website, tools, information, products and services made available to you through the website meets your personal needs and is suitable for the purposes for which it is used.
  • To the maximum extent permitted by law, Matcha Maiden exclude all express or implied representations, conditions, statutory guarantees, warranties and provisions (whether based on statute, common law or otherwise), in connection with access to, and use of, the website, our products or services, or any tools, information or material displayed on, or via, the website, any social medial pages and third party sites linked to it.
  • Nothing contained in these Terms of Use excludes, restricts or modifies the application of any condition, warranty or other obligation, the exercise of any right or remedy, or the imposition of any liability under the Competition and Consumer Act 2010 (Cth) or any other national, State or Territory legislation where to do so is unlawful.
  • Without limitation to the foregoing, you agree that in no event will our maximum aggregate liability exceed AUD $100. To the maximum extent permitted by law, we, our directors, employees, contractors and agents will not be liable to you or anyone else for any for any labilities, claims, suits, demands, costs and expenses (including legal costs), damage or injury (including personal injury), or any special, direct, indirect or consequential loss or damage, or contracts, loss of anticipated or actual profits, loss arising from business interruption, loss of anticipated or actual revenue, economic loss, loss of anticipated savings, loss of data, loss of use, loss or privacy, loss of goodwill, wasted management or office time and for any other loss or damage of any kind, arising out of, or in connect with, the website, any social medial pages and third party sites linked to it, the use or inability to use, or reliance on, the website, any tools, information or material displayed on, or via, the website, our products or services or these Terms of Use.

 

  1. Intellectual Property
  • All information, text, materials, graphics, logos, button icons, video and audio clips, trade marks (whether registered or not), layout, control features, advertisements, arrangement, graphical user interface, look and feel, databases, images, links, and software published or otherwise contained on this website (Our Content) is our exclusive property. This website and Our Content is protected by copyright, trade mark and other intellectual property laws.
  • You may download and print Our Content from this website for your own personal or internal business purposes only. You are not allowed to modify, adapt, copy, distribute, transmit, display, reproduce, publish, license, incorporate in other works (whether electronic or not), transfer, or sell any of Our Content found on or obtained from our website, or our social media pages, without our written consent.

 

  1. User generated comments
  • If, at our request, you submit or post submissions (for example contest or competition entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, comments), you agree that Matcha Maiden may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us.
  • We are and shall be under no obligation (a) to maintain any comments in confidence; (b) to pay compensation to you for any comments; or (c) to respond to any comments.
  • We may, but have no obligation to, monitor, edit or remove content from the website or linked social media pages that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any third party’s intellectual property rights or these Terms of Use. You agree that your comments will not violate the rights of any third-party, including copyright, trade mark, privacy, personality or other personal or proprietary rights. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the tools, products, services, website or any related site or social media pages.
  • You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. Matcha Maiden take no responsibility and assumes no liability for any comments posted by you or any third-party on, or via, the website and linked social media pages.

 

  1. Prohibited use
  • You are prohibited from using, or attempting to use, the website or linked social medial pages (and any contents contained therein): (a) for any unlawful purpose or to solicit others to perform or participate in any unlawful acts; (b) to violate any relevant rules of common law, principles of equity, international, federal, state and local laws, statutes, rules, regulations, proclamations, ordinances and by-laws and other subordinate legislation, rulings, or legal requirements, anywhere in the world (c) to infringe upon or violate intellectual property rights of Matcha Maiden or anyone else; (d) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (e) to submit false or misleading information; (f) to collect or track the personal information of others; (g) to spam, phish, pharm, pretext, spider, crawl, or scrape; or (h) for any obscene or immoral purpose.
  • When accessing and using the website, you must not misuse, disrupt, impair, circumvent or undermine the security or integrity of the website or our computing systems or networks, or any computing systems or networks involved in maintaining this website, or gain unauthorised access to any systems or materials other than those you have been given express permission to access.
  • You must not to upload or transmit viruses, worms, Trojan or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the website, tools, products or services, or of any related site or linked social media pages, other websites, or the Internet
  • We reserve the right to terminate your access to, and use of, the website or any related website for violating any of the prohibited uses.

 

  1. Links to or from other sites
  • Links to other sites from the pages on this website are for your information and convenience In providing a link we do not endorse, and accept no responsibility for any material on, any site that is linked from, or that links to this website. Such sites may be controlled or produced by third parties. You must make your own decision to use such sites and to accept their terms of use and privacy and other policies.
  • You must not create or maintain any link from another website to this website without our written consent. To request our written consent, please contact us via email at [email protected].

 

  1. Amendments

We reserve the right to change, update, or correct the Terms of Use or any information contained on the website at any time without notice by posting amended Terms of Use to the website. Your continued use of the website means that you accept and agree to the revised Terms of Use. If you do not accept these Terms of Use (as amended from time to time), you should stop accessing and using the website immediately.

 

  1. General
  • Any failure or delay by us in enforcing any provision in these Terms of Use will not be construed as a waiver of any of our rights hereunder. No waiver is effective unless it is expressly stated by us to be a waiver and is communicated to you in writing.
  • No agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship is intended or created between you and us by these Terms of Use.
  • If any court decides that any of the provisions of these Terms of Use are invalid, unlawful or unenforceable to any extent, that term will, to that extent only, be severed from the remaining terms. The rest of these Terms of Use will continue to be valid.
  • These Terms of Use are governed by the laws of the state of Victoria, Australia and each party submits to the jurisdiction of the courts of the state of Victoria, Australia.

 

  1. Further information

If you have any queries or would like further information about these Terms of Use, our website, products or services, please contact us at [email protected].

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