Website Terms of Use
The RoastdFunkd website (Website) is wholly owned by RoastdFunkd PtyLtd (all copyrights reserved).
By using or accessing the Website, you acknowledge that you have read, understood, and agree to be bound by these Terms of Use.
If you do not agree to these Terms of Use, please do not use the Website.
To place an order on the Website, customers must be aged 18 or older (or authorised by accompanying adult).
1. Governing law
RoastdFunkd controls and operates the Website from its offices within Australia. These Terms of Use are governed by the laws of the State of New South Wales. You and RoastdFunkd agree to submit to the non-exclusive jurisdiction of the courts of New South Wales. If you choose to access this site from another state / location, you are responsible for compliance with applicable local laws. RoastdFunkd makes no representation that the Website is appropriate or available for use in all locations.
2. Revisions
RoastdFunkd may revise or amend these Terms of Use at any time in its absolute discretion by posting revised terms. By continuing to use this site after any revision becomes effective, you agree to be bound by the revised Terms of Use.
RoastdFunkd may revise its product prices at any time in its absolute discretion. Prices reflected on the page(s) at time of purchase remain accurate.
3. Site contents, ownership, and use restrictions
The material on this Website is protected by all applicable laws including copyright and trade mark laws under the laws of Australia and other countries through international treaties.
Unless otherwise indicated and except for information directly from, or links to, third party websites, all rights (including copyright) in all content, other material and compilations contained in, or used to create or support the Website including text, graphics, logos, button icons, video images, audio clips and navigational and other software (collectively referred to as the Contents) are owned or controlled, and are reserved by RoastdFunkd and its related companies, affiliates, licensors and licensees.
All right, title and interest in all intellectual property rights in all of RoastdFunkd’ brands, logos, images, buttons, codes, layout, text, content and products and services as displayed on the Website (the “Brand Features“) are the property of RoastdFunkd and will remain or be vested in RoastdFunkd at all times. Your use of the Website will not under any circumstances be taken to constitute a transfer, assignment or grant of any ownership rights in any of the Brand Features or the Website. RoastdFunkd, on a case by case basis and to the extent required, grants to you a limited, non-exclusive licence to use the Brand Features solely for the purpose, and to the extent necessary, to enable you to use the Website.
4. Information from and Advertising and Links to Third Party Websites
The Website may contain information from or hyperlinks and other pointers to internet websites operated by third parties. Such information or websites are not under the control of RoastdFunkd and RoastdFunkd is not responsible for the contents of any such information or website. RoastdFunkd provides such information and hyperlinks to you as convenience only, and the inclusion of any link does not imply any endorsement of the linked website by RoastdFunkd.
You rely on such information or websites entirely at your own risk.
You are referred to the relevant third party websites for all information regarding the third parties’ products and/or services. Third parties are solely responsible to you, subject to their conditions, for all issues relating to their website including information, goods, services, prices and the delivery of any goods or services you purchase
on the third party website. To the extent that such websites collect personal information or contributions from you, RoastdFunkd shall bear no responsibility or liability for the manner in which such information is used or exploited. You are referred to the relevant third party’s privacy policy for information on how personal information is collected, used and disclosed by that third party.
The Website may also utilise social network or share functionality and may contain social media links, applications or features (including but not limited to Facebook, Twitter and Instagram). Your use of any social media platforms is subject to the particular social media platform’s prevailing terms and conditions of use. By using any social media applications or features, you consent and agree to be bound to the particular terms and conditions of use of the social media platform. You are encouraged to
review the terms and conditions of use of each social media platform before engaging or interacting with any social media links, applications or features on the Website. The Website is in no way sponsored, endorsed or administered by, or associated with, any social media platform.
5. Prohibited conduct
- You are not authorised, without the prior written permission of RoastdFunkd to reproduce, frame, download, store (in any medium), communicate, show or play in public, adapt, change, or create a derivative work from the Website.
- No trademark (whether registered or otherwise) that is contained on this site or otherwise used by RoastdFunkd may be used without RoastdFunkd’ prior, specific, written permission or that of the trademark owner
- You must not upload, post, transmit or otherwise make available through this site any material which:
o violates or infringes the rights of others (including their privacy and intellectual property rights);
o is unlawful, threatening, abusive, defamatory, invasive of privacy, vulgar, obscene, profane or which may harass or cause distress or inconvenience to, or incite hatred of, any person;
o encourages conduct that would constitute a criminal offence, give rise to civil liability or otherwise violate any law; restricts or inhibits any other user from using the site;
o affects the functionality or operation of the site or its servers or the functionality or operation of any user’s computer systems (e.g. by transmitting a computer virus or other harmful component, whether or not knowingly);
o breaches any standards, content requirements or codes promulgated by any relevant authority, including authorities that require RoastdFunkd to take remedial action under any applicable industry code;
or
o solicits passwords or personal information for commercial or unlawful purposes or provides any telephone numbers, street addresses, last names, URLs or email addresses.
6. We can use your feedback
You grant RoastdFunkd an irrevocable, non-exclusive licence to use any material, information and ideas that you transmit to this site or otherwise provide to RoastdFunkd from the time you authorise it to be sent. You agree that we can use and adapt any ideas, concepts, techniques, words, images or other content contained in these transmissions for any purpose and without restriction or compensation.
7. Indemnity
You agree to indemnify and will keep RoastdFunkd (and its related bodies corporate, personnel, servants and agents) indemnified against any claim, demand, injury, damage, loss, expense, cost or liability (whether direct or indirect) made against or suffered by RoastdFunkd (or its related bodies corporate, personnel, servants and agents) in connection with your use of the Website, your breach of these Terms of Use or your breach of any rights of third parties.
8. General
Any costs associated with downloading, installing, accessing and using the Website remain your responsibility and are dependent on the service provider used. You also understand that we cannot and do not guarantee or warrant that the Website or any material available for download via the Website will be free from infection, viruses and/or other code that has contaminating or destructive properties. You are responsible for implementing sufficient procedures and virus checks to satisfy your particular
requirements.
9. Disclaimer of warranty
RoastdFunkd is providing the Website on an ‘as is’ and ‘as available’ basis and use of it is at your own risk. RoastdFunkd and its related companies, affiliates, licensors or licensees, and their respective directors, officers, employees or agents make no representation or warranty as to the accuracy, completeness, currency or reliability of the information contained on the Website (including in relation to any products or services).
To the extent permitted by law, none of them will be liable or responsible in any way (including in negligence) for errors in, or omissions from, the information contained on the Website. To the extent permitted by law, RoastdFunkd expressly disclaims all warranties of any kind, whether express or implied, including (without limitation) implied warranties or conditions of acceptability, merchantability or fitness for purpose.
Website Terms and Conditions of Purchase
Products, services and prices may vary between RoastdFunkd retail stores and those found on the Website.
These terms and conditions do not apply to any lease or purchase of goods and/or services which are financed by CSG Finance Australia Pty Ltd. Please refer to the Master Services and Lease Agreement for the applicable terms and conditions which can be viewed here.
1. Ordering goods and Payment
You may make purchases via the Website by selecting and placing your order in accordance with these Terms and Conditions and as directed on the Website. Any order placed by you in the manner described in the Website is an offer by you to purchase a particular product or service for the price (including the delivery and other charges) specified on the Website at the time you place your order.
You acknowledge that, by placing your order, you are agreeing to pay for and accept delivery of the goods or services ordered unless you ask us to cancel that order, and we send you written confirmation of the cancellation prior to the goods or services being dispatched to you.
Any order placed by you is subject to your compliance with any specific limitations shown on the Website (or applicable website).
RoastdFunkd may change the prices published on the Website at any time. You agree to pay the price current at the time of payment.
We may require additional verification or information before accepting any order. We only accept orders from within mainland Australia and Tasmania. Within this area, our policies as to delivery and returns apply as set out in these Terms of Use.
You warrant that all details you provide to us when placing an order are current, correct and complete, that you are an authorised user of the Paypal account or credit or debit card used to place your order and that your nominated Paypal account or credit or debit card will cover the full cost of the purchase. Upon receiving your order, we will carry out a standard pre-authorisation check of your payment method (if applicable) to verify the details submitted and to ensure there are sufficient funds to
fulfil the transaction. Purchases will not be dispatched until this pre-authorisation check has been completed. If we are unable to successfully process your Paypal account or debit or credit card payment for your order, we may notify you of dishonour and cancel your order.
Where you have saved your card details with us: we will store your card details for use as a payment method for future purchases you make. We will notify you of any changes to how we store you card details.
We reserve the right to reject your order for products or services purchased through the Website for any reason, including but not limited to if the products or services are not available, if there is an error in the description or price of the requested products or services as advertised on the Website or if there is an error in your order. If we reject your order, we will notify you by email of our rejection at the time you place the order or within a reasonable time thereafter and give you the option of reconfirming your order, changing your order or cancelling your order. If we are unable to contact you, we will treat the order as cancelled. If your order is cancelled and you have already paid for your purchase, you will receive a full refund.
2. About our prices
Product and service availability may vary between RoastdFunkd products placed in retail stores and the Website due to different customer offers.
All prices are inclusive of GST.
Prices displayed on the Website are current at the time of issue, but may change at any time and are subject to availability.
Prices and availability of items are subject to change without notice.
Where permitted, we reserve the right to limit sales, including the right to prohibit sales to re-sellers. We reserve the right to contact you at the time you place the order or within a reasonable time thereafter if we have any concern about the quantity of products or services you have purchased. You must not pay, or attempt to pay, for purchases through any fraudulent or unlawful means.
3. Delivery
See our Shipping Info.
4. Privacy
RoastdFunkd collects, uses, holds and discloses personal information in accordance with its Privacy Policy and Collection Statement.
Through interaction with the Website, RoastdFunkd will receive and store information that you provide or that is generated by your actions. For example, like many websites, RoastdFunkd uses “cookies” and other technologies, to collect information about matters including but not limited to the date, time and duration of visits and which pages of the Website are most commonly accessed.
This information is generally not linked to the identity of visitors, except where the Website is accessed via links in an email or another electronic message we have sent or where we are able to uniquely identify the device or user accessing the Website, such as when you are logged into an account.
We may use this information for purposes including but not limited to understanding and measuring your online experiences, determining what products, promotions and services are likely to be of interest to you, and to provide you with relevant marketing materials when you visit third party websites.
You can generally set your browser to accept all cookies, to reject all cookies, or to notify you whenever a cookie is offered so that you can decide each time whether to accept it. To learn more about cookies and how to specify your preferences, you can search for “cookie” in the “Help” (or similar) portion of your browser.
5. Creating an Account
You do not need to register a user account to access and browse the Website. However, in order to use some parts of the Website, you may be required to register an account in the manner set out on the Website (each an “Account“). RoastdFunkd reserves the right to refuse or cancel registration of an Account for any reason in its sole discretion. Any decision of RoastdFunkd is final and no correspondence will be entered into.
All information provided when registering an Account must be current, correct and complete. Incomplete, ineligible or incomprehensible Account registrations will not be valid. You must be logged in to your Account in the manner required each time you wish to make a purchase via the Website or otherwise where indicated. You may never use another person’s Account without their permission.
You are responsible for maintaining the strict confidentiality of your Account details and for any activity under your Account. You agree to immediately notify RoastdFunkd of any unauthorised use of your Account or any other breach of security. It is your sole responsibility to control access to and use of your Account and to notify RoastdFunkd when you desire to cancel your Account. RoastdFunkd will not be responsible or liable for any loss or damage arising from your failure to comply with this provision.
The use of any automated software or any other mechanical or electronic means allowing users to create Accounts is prohibited.
6. Customer Indemnities
The Customer indemnifies and holds harmless RoastdFunkd and its officers, employees and agents from and against all actions, claims, proceedings or demands which may be brought or made against it or them or any of them in respect of any loss, injury, or damage arising out of any: unauthorised use of the
- Customer’s credit account or Account Card/s;
- any breach of these terms and
conditions by the Customer; or - any negligent act or omission
by the Customer,
and from and against all damages and reasonable costs and expenses incurred in defending or settling any action, claim, proceeding or demand arising from such breach, act or omission.
7. Privacy
RoastdFunkd hereby advises that, pursuant to s. 18E(8) of the Privacy Act 1988, information disclosed in the course of this credit application may be disclosed to a credit reporting agency. Under Section 18E(8)(c) of the Privacy Act 1988 RoastdFunkd is allowed to give a credit reporting agency personal information about the Customer’s credit application, information which may be given to an agency is covered by Section 18E(1) of the Act and includes identity particulars (as permitted by the Privacy
Commissioner’s determination issued under Section 18E(3)); the fact that the Customer has applied for credit and the amount, the fact that RoastdFunkd is a
credit provider to the Customer, payments which become overdue outside of agreed trading terms and for which collection action has been commenced; advice that payments are no longer overdue; cheques drawn by the Customer which have been dishonoured more than once; in specific circumstances, that in the opinion of RoastdFunkd you have committed a serious credit infringement; that credit provided to you by RoastdFunkd has been paid for or otherwise discharged. Pursuant to ss. 18K(1) and 18N (1) of the Privacy Act 1988 and para. 2.12 of the Credit Reporting Code of Conduct issued under s. 18A of that Act, the Customer hereby agrees to RoastdFunkd obtaining personal information from a credit reporting agency or a credit provider for the purpose of assessing this application for commercial credit (including information as to creditworthiness); and agree to that agency or provider providing that information to RoastdFunkd for that purpose. You further agree to the obtaining from, and provision by, such agency or provider further credit reports, which may assist RoastdFunkd in recovering any sums outstanding under the terms of
the commercial credit agreement to which this application may lead.