FLINDERS LANE SPECIALTY COFFEE

TERMS OF USE

1 GENERAL
Welcome to the Flinders Lane Specialty Coffee (“FLSC”) website (“the Website”). FLSC provides services to you subject to these terms of use, which may be amended from time to time by us with no notice. Please note that these terms of service also incorporate the details regarding the compatibility of FLSC capsules with your machine which can be found on the Website.

AMENDMENT

When using any FLSC service or product, including the Website, you are also subject to any further terms, rules, or guidelines that we may communicated to you by any means, from time to time, and all such further terms, rules or guidelines shall be hereby be incorporated by reference into these terms of use.

1.2 YOUR ACKNOWLEDGEMENT & ACCEPTANCE OF TERMS OF USE

Your use of the Website constitutes affirmative acknowledgement, acceptance of, and agreement to abide and be bound by these terms of use and any amendment referred to in paragraph 1.1 above and incorporated into these terms of use. Further, your purchase and use of any FLSC product or service also constitutes irrevocable and unconditional acceptance of these terms of use, including the compatibility details found on our website with regard to the FLSC capsules we offer.

PRODUCTS, PRODUCT DESCRIPTIONS, AND WEBSITE INFORMATION

All FLSC products are developed in good faith and passion. FLSC is committed to delivering tasty, flavoursome specialty coffee capsules and related products. Whilst we take precautions to ensure our product, product descriptions, content and the like are accurate, we in no way represent, warrant, or guarantee that our products are perfect.

ACCURACY OF INFORMATION

All material including but not limited to product descriptions is provided by FLSC in good faith. It is derived from sources believed to be accurate, current, and free from material error as at the time of publication. Your use of the Website is at your sole risk and is provided on an ‘as available’ basis. FLSC, nor any of its affiliates or related entities, directors, employees or stakeholders make any representation or warranty that any material on this website is reliable, accurate, or competent or that your access to this website will be uninterrupted or free from disruptions or delay. FLSC, its directors, employees, affiliates and stakeholders do not accept any responsibility arising in any way from errors or omissions in any material or product descriptions and will not be liable for any loss resulting from any action, inaction, decision, or course of action undertaken by you in reliance on the Website or the information, material or product descriptions on the Website, nor any communications failure, virus, internet access issues, malfunction in equipment or software, interruptions or delays in operation or transmission.

FLSC and its affiliates make every attempt to be as accurate as possible in product descriptions, however FLSC does not represent or warrant that product descriptions are accurate, error-free, complete or reliable.

LIMITATION OF LIABILITY & INDEMNITY

The Competition and Consumer Act (Cth) (formerly the Trade Practices Act) and similar State/Territory laws in Australia may confer certain rights and remedies to you in relation to our services and products that we provide to you. To the extent that these rights and remedies cannot be excluded or modified, FLSC does not purport to exclude or modify them. However, FLSC does exclude all other conditions and warranties implied by custom, common law, statute, regulation, or other laws. Except as provided for in any rights or remedies that cannot be excluded pursuant to the Competition and Consumer Law and related Statutes:
All content, product descriptions, services and products are provided ‘as is’, without any warranties or guarantees of any kind, either express or implied;
FLSC, its affiliates and suppliers expressly exclude and disclaim all warranties of any kind, including but not limited to implied warranties of merchantable fitness for a particular purpose;
FLSC does not warrant that the Website, or anything purported to be available through the Website or any communication whatsoever will be error-free or uninterrupted, that any defects will be corrected, or that the Website or any server associated with the Website and the transmission of and receipt of information and content is free of viruses or any other components that may be harmful; FLSC does not make any representations, warranties or guarantees as to your access to the Website or any related links, subpages, or the like, or any content or material found therein in terms of accuracy, freedom from errors, reliability, or the like; and You (and not FLSC or any of its affiliates, suppliers, stakeholders, employees or directors) assume the entire cost of any necessary rectification, repair, maintenance or correction of the Website, content contained therein, or any other material provided by FLSC.

To the maximum extent permitted by law, under no circumstances will FLSC or its related bodies, affiliates, employees or directors (whether by act or omission) be liable for indirect or incidental, consequential or special damages for loss of revenue, goodwill or profits that may result in any way from any access by you or anyone else to the Website or any communications by us whatsoever or any content or material contained therein. You hereby expressly acknowledge and accept that FLSC does not exert any control over who uses the Website and is not liable either for their opinions, behavior, comments, actions and in particular (but not limited to) any defamatory, derogatory or offensive material they post or conduct they undertake.

To the maximum extent permitted by law, the liability of FLSC for breach of any implied warranty or condition which cannot be excluded by FLSC is, at the discretion of FLSC, limited to one of either (i) one of the supply of the service again or the payment of having the cost of the services supplied again (at FLSC’s discretion), in the case of services supplied by FLSC; or (ii) in the case of goods supplied by FLSC, the replacement of those goods supplied or equivalent goods, or the repair of such goods, or the payment of the cost of replacing the goods supplied or equivalent goods, or the payment of the cost of having the goods repaired (at FLSC’s sole discretion) – but not any incidental costs (to the extent permitted by law).

You hereby expressly agree to indemnify and hold harmless FLSC and any affiliates, related bodies, employees, directors or stakeholders, their partners or related bodies against all loss, liability, claim, demand or cause of action arising out of or in connection with your use and access to this Website, any amending material or content, any communications from FLSC or any products supplied by FLSC.

Furthermore, you hereby agree that you indemnify FLSC for any loss-direct, indirect, consequential or otherwise, or any cause of action that results from your use of any FLSC product including the capsules provided for on the Website and in stores. FLSC sources the capsules from a third party supplier who represents that they are compatible with Nespresso® machines; FLSC relies on these representations and puts you on notice that our supplier makes all such representations upon which we (and you) rely. If any cause of actions accrues or any loss or liability occurs as a result of the capsules not functioning with your Nespresso® machine, you hereby irrevocably and absolutely indemnify FLSC from any such right of action or liability including (but not limited to) any breakage of your equipment, consequential loss as a result of such breakage, or breach or voidance of any warranty.

2.3 COPYRIGHT & TRADEMARKS

The material provided on the Website, including these terms of use, is copyright protected and may only be used for your own personal (non-commercial) use. Other than any copies made automatically and in no deliberate manner by you (such as website cache), you are not entitled to make any copies, use, reproduce or publish, alter or replicate by any means in whole or in part without the prior written approval of FLSC (unless it is permitted as ‘fair dealing’ under the Copyright Act). FLSC may use its other trademarks associated with third parties on the Website or other communications or content. Nothing displayed on the Website or any other content or communications provided by FLSC should be taken to grant any right, license, or entitlement to use any logo or trademark (including FLSC’s own trademarks), without the express permission – in writing – of the relevant owner.

2.4 NO ASSOCIATION WITH NESPRESSO® OR ITS AFFILIATES

FLSC does not represent, warrant, or guarantee that it is in any way associated with Nespresso®, Nestle, Societe des Produits Nestle SA, or any of its affiliates in any way. FLSC is in no way associated with any other entity and in particular is not associated with Societe des Produits Nestle SA or any of its affiliates; we simply make capsule coffee which, through our third party unrelated capsule packer and supplier, is represented to us by our packer and supplier to be compatible with certain Nespresso® branded machines.

2.5 INFORMATION PROVIDED BY YOU TO FLSC

If you decide to create an account, register your details, or provide any details on the Website or to FLSC in any way, you agree and undertake to provide accurate information and maintain such information as accurate within a reasonable time of any changes to such information.
When you create or register an account with FLSC, or sign up to a mailing list, you hereby agree to provide your real name and email address without any errors, in consideration for your use of FLSC’s services and the Website. If FLSC has any reasonable cause to believe that the information provided by you is incomplete, false, or inaccurate, FLSC may at its sole discretion terminate, suspend or cancel your account, membership, or registration and any such termination, suspension or cancellation may be temporary or permanent at FLSC’s sole discretion. If you create an account with FLSC, or provide any information to FLSC or otherwise, you hereby undertake and agree to make all reasonable efforts to maintain the confidentiality of all such information and in particular, ensure that any password created is not accessed by, or known to, any other party.
You hereby acknowledge and warrant that you have full authority to submit any and all payment details submitted by you and that you are the cardholder for the credit card provided or have full legal authority to provide the credit card details provided, and that any and all payments made online are in every way legal.

2.6 ELECTRONIC COMMUNICATIONS

The Website and associated websites (including FLSC’s Instagram, Facebook page, or other social media or blogging sites operated by FLSC) may contain opportunities for you or other parties to interact by electronic means –such as posts, feedback and the like. It is a condition of your use of any of the Website or associated websites, social media or blogging sites, that you do not post any offensive unlawful, defamatory, inappropriate, obscene, pornographic, indecent or otherwise generally unacceptable material of any kind whatsoever; infringe any rights of any person or entity by posting anything that may infringe any such right; post or transmit any harmful material such as viruses; restrict or limit any other person’s enjoyment or access to this Website and related sites, social media pages and blogging sites; post any material that is for your or another entities commercial gain without the express written permission of FLSC; delete or amend any content on the Website or related sites; or do any other act, post any other content, or access another user’s post or content which may be illegal or may be reasonably believed by you to be illegal or to infringe on any person’s legal rights.

FLSC reserves the right to monitor, edit and where appropriate, delete or amend any content or material posted by you or other users on the Website, or any related social media site, website or blogging site, if any such content is in breach of these terms of use or is in any way (at the sole discretion of FLSC) questionable, objectionable, or otherwise offensive however FLSC does not undertake to do so and in no way represents that it will do so – you acknowledge that FLSC is not liable for any content posted on the Website, its social media pages or blogging or related websites nor any loss (direct, indirect, consequential or otherwise) that may result from any such posts or content. FLSC reserves the right to cooperate fully with any law enforcement authority anywhere in the world in respect of any lawful request, direction or otherwise (such as subpoena) in terms of the disclosure of the identity or personal information of any user or person who accesses the FLSC website in respect of any post which may reasonably infringe on any law or personal rights of others.
By communicating, posting, or delivering any content whatsoever to FLSC, you hereby irrevocably grant an express, perpetual non-exclusive, international, royalty free license to FLSC to use, copy, reproduce, redistribute, broadcast, publish, display or otherwise all and any such material, communication, post or content. You hereby forego any and all rights to such content or material and grant FLSC an irrevocable right to exploit all such material, communications, posts, content or otherwise and you expressly waive any right or cause of action against FLSC with regard to any copyright or moral rights. At the request of FLSC you agree to execute any document or instrument necessary to give effect to this paragraph.

3 ONLINE PURCHASES

FLSC takes online security seriously. Accordingly, all online purchases are handled by a third party, “Stripe”, who purport to use SSL security which encrypts your credit card and payment information to the standard that is common and expected as at the time of writing these terms of use. Stripe is provided through a third party who is not affiliated in any way with FLSC other than to the extent required by FLSC to use their service. Stripe and FLSC are not related entities and all payments through the Stripe system are not controlled by FLSC.
Stripe represents itself as fast and secure and FLSC relies on all such representations. FLSC does not make any representations about Stripe, however FLSC is confident – based on information provided by Stripe – that it employs strong security features and is a secure payment gateway and service.

To the extent permitted by law, all rights, actions, cause of actions that may arise as a result of you making any payment or entering any payment information through or on the Website shall be waived in respect of FLSC. FLSC does not represent or warrant that Stripe will always work, function correctly or be free of errors and expressly excludes itself from any liability caused by any error by Stripe; Stripe is a third party and accordingly FLSC is not responsible for any of its errors, omissions, or otherwise that may cause loss to you. You hereby agree that any loss that results from the use of the payment system on the FLSC website shall be discussed with, and pursued against Stripe and not FLSC.

3.1 GST

Where required, GST is included in prices quoted on the Website. We note that according to information obtained from the ATO upon which we rely on, roasted coffee such as that contained in the FLSC coffee capsule range is not liable for GST.

3.2 DELIVERY

The risk of loss passes to you immediately upon purchase of any product from FLSC and once picked up from any shipping, courier, or mailing company used by FLSC pursuant to any shipping contract. Once delivered to our carrier of choice (who may change from time to time at the absolute discretion of FLSC), the risk of loss passes to you. Any delivery times quoted by FLSC are estimates only and delivery to rural towns in particular may take longer than quoted.

3.3 SUBSCRIPTIONS

If you subscribe to an ongoing order of FLSC products, you hereby agree and undertake to provide accurate information to FLSC with regard to your subscription and update FLSC with any changes to, or necessary amendments to, their subscription information including but not limited to their name, address, email address, and contact information. FLSC will be in no way liable for any errors or omissions in your subscription information.

You may cancel your subscription to FLSC at any time and any such cancellation shall take effect upon the next billing period – being the first day of the next month after the date of you communicating (and FLSC acknowledging such communication expressly) your cancellation.
Subscription must occur via the online form provided on the FLSC website. Subscription does not take effect until FLSC contacts you directly with a personalized confirmation email confirming your subscription. Payments and shipments shall be in accordance with the description provided on the Website in the description provided for on the page upon which you may enter your details to sign up and subscribe, which may change from time to time.

Any amendments to your rights under your subscription shall be communicated to you by email, electronic means, or by phone call (recorded by FLSC in writing) and shall take effect immediately upon any such communication by FLSC. You are taken to accept any such amendment and any changes to your subscription that may result if you do not cancel your membership within 48 hours of FLSC sending you any such communication.

It is your responsibility to ensure any and all subscription information (including but not limited to any login details or passwords) is kept secure and not divulged to, shared with, or leaked to any other party whatsoever.

If you breach any of these terms of use or any other conditions in any way, FLSC may terminate or suspend your subscription at its sole discretion. FLSC will communicate to you its reasons for any decision to terminate or suspend your subscription and you will have 21 days from the date of any such communication to respond with any reasons you may have for FLSC to reconsider. FLSC will have the sole discretion to cancel, terminate or suspend your subscription after the expiration of this 21 day period (regardless of your reasons provided). Subscriptions will terminate automatically upon the death of the subscriber.

FLSC does not warrant that delivery will be made on any exact or particular day and you acknowledge that shipping and/or delivery is undertaken by a third party and is out of the control of FLSC and FLSC shall not be liable for any delay in the arrival of any product or service.

4 PERSONAL INFORMATION

FLSC collects your personal information and it is a condition of your use of FLSC services, the subscription, the Website, or any other FLSC product offering or service, that you authorize and consent to FLSC using, disclosing, and collecting any such information for the purposes of FLSC providing goods and services to customers, marketing its goods and services to third parties (at the discretion of FLSC), research or marketing means of FLSC including to improve service; and any third party supplier in terms of the subscription service, payment gateway (“Stripe”) or other necessary third party suppliers required or used by FLSC to manage its services, products, offerings, content and material. This clause survives the termination of any subscription or the end of these terms of use.

5 LIABILITY

FLSC acknowledges that certain laws require or imply terms or conditions or warranties that cannot be excluded, into the supply of goods or services. Subject to any such non-excludable rights, terms, conditions or warranties, FLSC and any of its affiliates, officers, directors, employees, partners, stakeholders, and suppliers, to the extent permitted by law, are not liable in any way whatsoever for any loss, claim, cause of action or liability for (whether direct, indirect, consequential economic) arising out of or in connection with any purchase made via the Website or electronic means, any subscription through FLSC or the Website, or the Website or its content or material or any content or material contained in any communication from FLSC to you, save to the extent that such loss or claim arises from the wilful misconduct of FLSC or any of its officers, employees or agents.

6 GOVERING LAW

These terms of use shall be read in accordance with, and governed by and construed within the laws of Victoria, Australia. You irrevocably submit to the non-exclusive jurisdiction of the courts of Victoria. Any subscriptions or purchases made through, pursuant to, or via the Website or FLSC, will be construed in accordance with the laws of Victoria irrespective of the State or region in which you make any such purchase or subscription and in any legal action or process undertaken with respect of any of the above, you hereby irrevocably submit to the laws of Victoria and the authority of the Courts of Victoria.
For the avoidance of doubt, nothing in these terms and conditions excludes any irrevocable or non-excludable rights contained within the Competition and Consumer Act as amended from time to time.

7 SEVERABILITY

If any term of these terms of use (including any amendment incorporated in accordance with any communication by FLSC to you) is illegal, invalid, unenforceable or otherwise unacceptable in a court of law, then it will be read down to the minimum extent necessary to ensure that it is not illegal, invalid, unenforceable or otherwise unacceptable in a court of law and if that is not possible (and only if it is not possible), it will be severed from these terms of use and the remaining clauses in these terms of use shall continue to have full effect.