Terms of Service
Acceptance of terms
Welcome to the website of Kappy’s Tea & Coffee Pty Ltd. Kappy’s Tea & Coffee Pty Ltd provides services to you subject to the following Terms of Use, which may be amended by us from time to time with no notice to you. When using any Kappy’s Tea and Coffee Pty Ltd service you are also subject to any rules or guidelines which may be posted or emailed from time to time. All such rules and guidelines are hereby incorporated by reference into the Terms of Use.
The Terms of Use are governed by and construed in accordance with the laws of South Australia, Australia. You irrevocably and unconditionally submit to the non-exclusive jurisdiction of the courts of South Australia. If any provision of this agreement is found to be invalid or unenforceable by a court of law, that clause will be removed from the Terms of Use. Such invalidity will not affect the remainder of the Terms of Use which will continue in full force and effect.
The purpose of these Terms of Use, “content’ means material such as text, software, images, audio and video, including the links to that material.
Accuracy of information
All material on this website is provided in good faith. The sources it is derived from are believed to be accurate and current as per the publication date. Access to the website is provided on an ‘as available” bases and use of it is at your sole risk. Kappy’s Tea & Coffee, its directors or employees make no representation or warranty that i) your access to the website will be uninterrupted, timely or secure or; ii) any material on the website will be accurate, reliable or complete. Kappy’s Tea & Coffee Pty Ltd will not be liable for loss resulting from any action or decision by you in reliance on the information on the website, nor any interruption, transmission, virus, communications failure or internet access difficulties.
Product Descriptions
Kappy’s Tea & Coffee Pty Ltd attempts to be as accurate as possible in the descriptions of its products. However, Kappy’s Tea & Coffee Pty Ltd does not warrant that product descriptions are accurate, complete, reliable, current or error free.
Limitation of Liability
The Trade Practices Act and similar state and territory legislation in Australia may confer rights and remedies on you in relation to the provision by Kappy’s Tea & Coffee Pty Ltd of goods or services on the webs site which cannot be excluded, restricted or modified. Kappy’s Tea and Coffee Pty Ltd does not exclude any Non-excludable Rights but does exclude all other conditions and warranties implied by custom, statute or law.
Except as provided for by the Non-Excludable Rights all content is provided “as is” or “as available” without warranties or guarantees of any kind, either express or implied. Kappy’s Tea and Coffee 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. Kappy’s Tea and Coffee Pty Ltd does not warrant that the functions contained in any content or communications facility or your access to the website will be uninterrupted or error free, that any defects will be corrected or that the website or server which stores and transmits content to you are free of viruses or any other harmful components. Kappy’s Tea & Coffee Pty Ltd does not warrant or make any representation regarding your access to, or the results of your access to, the website or any content in terms of correctness, accuracy, completeness, timeliness, reliability or otherwise. You and not Kappy’s Tea & Coffee Pty Ltd, assume the entire cost of any necessary verification, maintenance, repair and or correction of any relevant content.
To the maximum extent permitted by the law, under no circumstances will Kappy’s Tea & Coffee Pty Ltd be liable for any indirect, incidental, special and/or consequential damages or loss of profits, goodwill or revenue whatsoever which result from any use or access of, or any inability to use or access the website or any content. You expressly acknowledge and agree that Kappy’s Tea & Coffee Pty Ltd does not exert control over users of the website and is not liable either for their opinions or the behavior, including any information and/or advice and or defamatory statements or offensive conduct.
To the maximum extent permitted by law, Kappy’s Tea & Coffee Pty Ltd’s liability for breach or implied warranty or condition which cannot be excluded is limited, at the option of Kappy’s Tea & Coffee Pty Ltd, to the following.
In the case of services supplied or offered by Kappy’s Tea & Coffee Pty Ltd, i) the supply of service again, or ii) the payment of the cost of having services supplied again; and
In the case of goods supplied or offered by Kappy’s Tea & Coffee Pty Ltd, i) the replacement of the goods or the supply of equivalent goods, ii) the repair of such goods, iii) the payment of the cost of replacing the goods or acquiring equivalent goods, or iv) the payment of the cost of having the goods repaired.
Indemnity
You agree to indemnify and hold harmless Kappy’s Tea & Coffee Pty Ltd and its directors and employees, against any and all loss, liability, claim or demand arising out of or in connection with your use of and access to the website.
Copyright
The material provided on the website is copyright protected. You may only use this material for your own private and non-commercial purposes. Except for the temporary copy held in the computer’s cache and the single permanent copy for your personal reference, the material may not otherwise be used, coped, reproduced, published, altered or transmitted in any form or by any means in whole or part without the prior written consent of Kappy’s Tea and Coffee Pty Ltd.
You may not use any part of the content on the website to establish, maintain, provide or assist in establishing, maintaining or providing your own publications, internet site or other means of distribution.