Terms and Conditions
Table of Contents
Terms of Service
- Acceptance of Terms
- Accuracy of Information
- Limitation of Liability
- Names and Logos
- Electronic Communications and Your Conduct
- Grant of Licence to Alowishus Delicious
- Third party links and advertising
- Errors and Omissions
- Your Privacy
- Collecting Personal Information
- Using and disclosing your Personal Information
- Third Party Links and Advertising
- Securing your Personal Information
- Accessing your Personal Information
- Contacting the Privacy Officer
- Terms & Conditions
- Definitions and Interpretation
- Discount Codes
- Force Majeure
- Limitation of Liability
- Entire Agreement
- Governing Law
Terms of Service
1. Acceptance of Terms
2. Accuracy of Information
2.1 All material on the Website is provided in good faith. It is derived from sources believed to be accurate and current as at the date of publication. Your use of the Website is at your sole risk. Access to the Website is provided on an 'as available' basis. Neither Alowishus Delicious, its related bodies corporate nor its or their directors or employees make any representation or warranty that:
(a) any material on the Website will be reliable, accurate or complete (nor do they accept any responsibility arising in any way for errors in, or omissions from that material); or
(b) your access to the Website will be uninterrupted, timely or secure.
2.2 Alowishus Delicious 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, delay in operation or transmission, virus, communications failure, Internet access difficulties, or malfunction in equipment or software.
3. Limitation of Liability
3.1 Alowishus Delicious and its related bodies corporate attempt to be as accurate as possible in the description of products. However, Alowishus Delicious does not warrant that product descriptions are accurate, complete, reliable, current, or error-free.
3.2 The Competition and Consumer Act 2010 (Cth) and similar state and territory legislation in Australia may confer rights and remedies on you in relation to the provision by Alowishus Delicious of goods or services on the web site which cannot be excluded, restricted or modified ("Non-excludable Rights"). Alowishus Delicious does not exclude any Non-excludable Rights but does exclude all other conditions and warranties implied by custom, law or statute.
3.3 Except as provided for by the Non-excludable Rights:
(a) all Content is provided "as is" and "as available" without warranties or guarantees of any kind, either express or implied;
(b) Alowishus Delicious 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,
(c) Alowishus Delicious does not warrant that:
(i) the functions contained in any Content or any Communications Facility (as defined in clause 8.2) or your access to the Website will be uninterrupted or error-free;
(ii) any defects will be corrected; or
(iii) the Website or the server which stores and transmits Content to you are free of viruses or any other harmful components;
(d) Alowishus Delicious does not warrant or make any representation regarding your access to, or the results of your access to, the Website (including any related or linked web sites) or any Content in terms of correctness, accuracy, timeliness, completeness, reliability or otherwise; and
(e) you (and not Alowishus Delicious) assume the entire cost of any necessary verification, maintenance, repair and/or correction of any relevant Content.
3.4 To the maximum extent permitted by law, under no circumstances (including, but not limited to, any act or omission on the part of Alowishus Delicious) will Alowishus Delicious or its related bodies corporate be liable for any indirect, incidental, special and/or consequential damages or loss of profits, revenue or goodwill 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 Alowishus Delicious does not exert control over users of the Website (including individuals referred to on the Website as guests and experts) and is not liable either for their opinions or their behaviour, including any information and/or advice and any defamatory statements or offensive conduct.
3.5 To the maximum extent permitted by law, Alowishus Delicious' liability for breach of any implied warranty or condition which cannot be excluded is limited, at the option of Alowishus Delicious, to the following:
(a) in the case of services supplied or offered by Alowishus Delicious;
(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.
You agree to indemnify and hold harmless Alowishus Delicious and its related bodies corporate (and the officers, agents, partners and employees of each of these) against any and all loss, liability, claim or demand arising out of or in connection with your use and access to the Website.
5.3 All software used on this Website is the property of Alowishus Delicious or its software suppliers and is protected by Australian and international copyright laws.
6. Names and Logos
6.1 The Alowishus Delicious name and logo and the names and logos of Alowishus Delicious products ("Alowishus Delicious Names & Logos") form a part of the established corporate brand and image of Alowishus Delicious and its related bodies corporate, which Alowishus Delicious considers to be a significant proprietary asset. Unless the prior written consent of Alowishus Delicious is obtained, you agree to not use any of the Alowishus Delicious Names & Logos in any way including, but not limited to:
(a) in, or as the whole or part of your own trademarks;
(b) in connection with activities, products or services which are not Alowishus Delicious';
(c) in a manner which may be confusing, misleading or deceptive; or
(d) in a manner that disparages Alowishus Delicious or the information, products or services of Alowishus Delicious (including this Website); or
otherwise hold yourself out as being associated with, related to or connected with Alowishus Delicious or its business.
6.2 Other product and company names or logos mentioned or displayed on this Website from time to time may be the trademarks of other people or entities. Nothing displayed on this Website should be construed as granting any licence or right of use of any trademark displayed on this Website, without the express written permission of the relevant owner.
7.1 In consideration of your use of the Website, you agree to:
(a) provide true, accurate, current and complete information about yourself as prompted by the Website's registration form (such information being the "Registration Data"); and
(b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete.
7.2 You must provide your real name and email address when providing Registration Data. If you provide any information that is untrue, inaccurate, not current or incomplete, or if Alowishus Delicious has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Alowishus Delicious has the right to suspend or terminate your account and refuse any and all current or future use of the Website (or any portion thereof).
7.3 If you use the Website, you are responsible for maintaining the confidentiality of your Registration Data and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password.
8. Electronic Communications and Your Conduct
8.1 When you visit the Website or send an email to us, you are communicating with us electronically. You also consent to receive communications from us electronically. We will communicate with you by email or by posting notices on this Website. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
8.2 The Website may contain electronic bulletin boards, chat rooms and other communication facilities which provide for feedback by users to Alowishus Delicious, real-time interaction between users (including individuals referred to as guests and experts) and other electronic messaging and notice services ("Communication Facilities").
8.3 It is a condition of your use of any Communication Facility and your access to the Website that you do not do any of the following:
(a) restrict or inhibit any other user from using or enjoying any Communication Facility;
(b) post or transmit any unlawful, threatening, abusive, defamatory, obscene, vulgar, pornographic, profane or indecent information or material of any kind including, without limitation, any transmissions constituting or encouraging conduct that would constitute a criminal offence, give rise to civil liability or otherwise violate any applicable law;
(c) post or transmit any material of any kind which violates or infringes upon the rights of any other person, including material which is an invasion of any privacy or publicity rights or which is protected by copyright, trademark or any other proprietary right or derivative works with respect thereto, without first obtaining permission from the owner or relevant right holder;
(d) post or transmit any material of any kind which contains a virus or other harmful component;
(e) post, transmit or in any way exploit any material of any kind for commercial purposes or which contains any promotional material or advertising;
(f) delete any author attributions, legal notices or proprietary designations or labels in any file that is uploaded; or
(g) download any file posted by any other user of a Communication Facility if you know, or reasonably ought to know, that the file cannot legally be distributed in such manner.
8.5 Alowishus Delicious reserves the right to cooperate fully with any law enforcement authority in any jurisdiction in respect of any lawful direction or request to disclose the identity or other information in respect of anyone posting any materials which violate any applicable or relevant law.
9.1 Alowishus Delicious may permit you to make share, publish, post, store or upload information including data, text, video, still images, audio or other material on the Website ("Contributions"). You retain sole responsibility for and accept all liability for all Contributions you make to the Website and Alowishus Delicious disclaims any and all liability in connection with Contributions. Alowishus Delicious assumes no responsibility for monitoring any Contributions, and does not endorse any Contributions. Alowishus Delicious is under no obligation to treat your Contribution as confidential.
9.2 Alowishus Delicious may at any time, without liability to you, remove, alter or disable access to any or all of your Contributions in its sole discretion and without prior notice to you.
10. Grant of Licence to Alowishus Delicious
10.1 By placing any Contributions, information or other material on the Website (including posting messages, uploading files, inputting data or engaging in any other form of communication), you grant to Alowishus Delicious and its related bodies corporate a perpetual, royalty-free, non-exclusive, irrevocable, unrestricted, worldwide licence to do the following in respect of the Contributions, information or material:
(a) use, copy, sublicense, redistribute, adapt, transmit, publish and/or broadcast, publicly perform or display; and
(b) sublicense to any third parties the unrestricted right to exercise any of the foregoing rights granted.
10.2 The foregoing grant includes the right to exploit all proprietary rights in any such information or other material, including but not limited to rights under copyright, trademark, service mark or patent laws under any jurisdiction worldwide. You expressly waive in favour of Alowishus Delicious and any other party authorised by Alowishus Delicious all moral rights and any similar rights in any jurisdiction which you may have or hereafter acquire in respect of any relevant communication or other material. At the request and expense of Alowishus Delicious, you will execute and deliver to Alowishus Delicious such instruments and take such other actions as may be required to carry out this grant of licence and waiver.
At Alowishus Delicious we take your online security very seriously. As such, we have prepared the following guidelines and information to help you enjoy trouble free browsing when visiting our web site or interacting with us:
(a) Alowishus Delicious will never ask you to provide personal information like your bank details, credit card details, your address, driving licence or passport numbers via email; and
(b) If you're making an online purchase from Alowishus Delicious and are required to provide us with your bank or credit card details, this will be carried out within a secure browser window. Check that a locked padlock symbol appears at the foot or top of the browser in which you are entering your details. The URL should also change, to start with 'https://...' instead of 'http://...'
Please report any suspicious activity to Alowishus Delicious immediately.
12. Third party links and advertising
12.1 Hyperlinks and pointers to websites operated by third parties will appear on the Website from time to time. These websites do not form part of the Website and are not under the control of Alowishus Delicious or its related bodies corporate and neither Alowishus Delicious nor its related companies have any responsibility for the contents of any such hyperlink or linked website. If you link to any such websites, you leave the Website and do so entirely at your own risk.
12.2 The Website displays third party advertisements, which may or may not contain hyperlinks or referral buttons to websites operated by third parties. The display of such advertising does not in any way imply a recommendation or endorsement by Alowishus Delicious or its related bodies corporate of the relevant advertiser, its products or services or any such linked website.
12.3 If you contact a third party using functionality provided on the Website, including via email, Alowishus Delicious accepts no responsibility for any actions taken by that third party in response to your communication or for any transactions entered into between you and the relevant third party.
13. Errors and Omissions
Alowishus Delicious endeavours to maintain the accuracy of all product images, product descriptions, stock availability and prices shown on the Website. However, Alowishus Delicious reserves the right to cancel an order and/or reverse a payment if an order has been placed based on erroneous information.
1. Your Privacy
1.1 At Intrepid Pipeline Pty Ltd we are committed to protecting your Personal Information so that you can enjoy and feel secure during your online experience with us. The following details in general terms the way we manage your Personal Information as per the Privacy Act 1988 (Cth).
2. Collecting Personal Information
2.1 As an online retailer, only Personal Information which is necessary for us to conduct our business will be collected from you. This information is given to us by you when you contact us, register or subscribe to our website or information obtained during the course of a transaction. The types of Personal Information that may be collected from you include your name and contact details, and any other information that comes to us during the course of a normal transaction. Personal Information may also be collected regarding individuals who may not be customers of ours but whose details are given to us by those individuals or given to us by others during the course of a transaction.
3. Using and disclosing your Personal Information
3.1 Generally, any Personal Information collected from you will be used and disclosed for the primary purpose of provided you with the goods and services that you have requested and to enable us to conduct our business. We will also disclose Personal Information in cases where it would be reasonably expected of us to do so, or if you have given us your consent to do so, or if we are required by law to do so.
3.2 We may share your Personal Information with related entities of Intrepid Pipeline Pty Ltd to inform you of our other products and services and you will be given the opportunity to unsubscribe if you so wish.
We may also disclose your Personal Information to third parties that provide services to us to enable us to provide you with the goods or services you have requested. Such third parties include Freight and Logistics suppliers, I.T. support services and Financial Institutions for payment gateway purposes.
4. Third Party Links and Advertising
4.1 Hyperlinks and pointers to websites operated by third parties will appear on our website from time to time. These websites do not form part of the Alowishus Delicious website and are not under the control of Alowishus Delicious or its related bodies corporate and neither Alowishus Delicious nor its related companies have any responsibility for the contents of any such hyperlink or linked website. If you link to any such websites, you leave our website and do so entirely at your own risk.
4.2 The alowishus.com.au website displays third party advertisements, which may or may not contain hyperlinks or referral buttons to websites operated by