“Payment Instrument” - The credit card or debit card that is registered by you for the Service to facilitate the processing of Payment Transactions.
“Payment Transaction” - The processing of a payment for the Service that result in the debiting or charging of the Purchase Amount to a Payment Instrument.
“Product” - Any merchandise, good or service that is listed for sale that you may pay for using the Service.
“Purchase Amount” - The dollar amount of a Payment Transaction to pay for a Product, and any related fees, taxes or shipping charges, as applicable.
“We or Us” – The Blue Pod Coffee Co Pty Ltd
Requirements for Registration
In order to use the Service, You must complete all required information fields on the registration web pages. You must register a valid credit or debit card as a Payment Instrument to make Payment Transactions and pay fees and other obligations arising from You using the Service. You must provide current, complete and accurate information and maintain it as current and accurate.
You authorize Us to confirm that Your Payment Instrument is in good standing with the issuing financial institution, including, but not limited to, by submitting a request for a payment authorization and/or a low dollar credit and/or debit to the Payment Instrument, in accordance with the relevant card association rules.
We, in our sole and absolute discretion, may refuse to approve or may terminate existing registrations of a Payment Instrument with or without cause or notice, other than any notice required by any applicable law, and not waived herein.
By agreeing to these Terms for Use, You represent that You are:
18 years old or older; and
capable of entering into a legally binding agreement.
If You are a business entity, You also represent that:
You are duly authorized to do business in the country or countries where You operate; and
We may give information about You to a credit reporting agency for the following purposes:
* to obtain a consumer credit report about You, and/or
* allow the credit reporting agency to create or maintain a credit information file containing information about You
This information is limited to:
· Loan repayments which are overdue by more than 60 days, and for which debt action has started
· advice that your loan repayments are no longer overdue in respect of any default that has been listed
· information that, in the opinion in the Blue Pod Coffee Co, you have committed a serious credit infringement (that is, acted fraudulently or shown an intention not to comply with your credit obligations)
Username and Password Information
You are responsible for:
maintaining the confidentiality of your username and password,
any and all transactions by persons that you give access to or that otherwise use such username or password, and
any and all consequences of use or misuse of your username and password.
You agree to notify us immediately of any unauthorized use of your username or password or any other breach of security regarding the Service of which you have knowledge.
Use of Electronic Communications
posting notices or communications on the customer contact section of this web site.
Electronic communications shall be deemed received by You when we send the electronic communication or when we post the electronic communication on our customer contact section of the web site.
For those communications or records that we are otherwise required under applicable law to provide in a written paper form to You, You agree that to the extent legally permissible we may provide such communications or records by means of electronic communications. The following additional terms will apply to such electronic communications:
Order Confirmation and Delivery
After ordering, You will receive an electronic mail confirmation of order details, normally within a few minutes of receipt of Your order.
We will use best endeavour to dispatch the Product within 2 working days of order receipt to location provided at the registration web page.
As delivery is by third party couriers and as such we are not responsible or liable for their actions or any loss or delay in the delivery of the Products.
If for any reason You are not completely satisfied with Your purchase or Product You have a 30 day money-back guarantee from the time You receive the Product provided that you email us within the time that you are not satisfied with the product so that we can resolve any problems.
A 15% admin and restocking fee will apply.
Copyright and Intellectual Property
Copyright in this website (including text, graphics, logos, icons, sound recordings and software) is owned or licensed by us. Other than for the purposes of, and subject to the conditions prescribed under, the Copyright Act 1968 (Cth) and similar legislation which applies in your location, and except as expressly authorised by these Terms and Conditions, you may not in any form or by any means:
• Adapt, reproduce, store, distribute, print, display, perform, publish or create derivative works from any part of this website or:
• Commercialise any information, products or services obtained from any part of this website; without our written permission.
Intellectual property displayed on this website (including copyright material and registered or unregistered trade marks) may be owned, registered or licensed to third parties. You must not infringe the intellectual property rights of any third party through your use of this website. You agree to indemnify us for any claims made against us by a third party for infringement of their intellectual property
Your use of this site will be governed by and construed pursuant to the laws of Victoria and of the Commonwealth of Australia and you agree to submit to the non-exclusive jurisdiction of the courts of Victoria and of all courts competent to hear appeals from those courts.
Any delay or failure by us at any time to enforce any of the provisions of these terms or any of our rights will not be a waiver of such provisions or rights and nor will it affect the validity of these terms.
If any clause or part of a clause of these terms is properly determined to be invalid, illegal, unlawful or otherwise incapable of enforcement, then that clause or that part of a clause will be deemed to be severed from these terms and of no force and effect but all other clauses and parts of a clause of these terms will remain in full force and effect and be valid and fully enforceable. No clause or part of a clause of these terms will be construed to be dependent upon any other clause or part of a clause