Terms of service
OVERVIEW
SECTION 1 - ONLINE STORE TERMS
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.
You may not use our products for any illegal or unauthorised purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of your Services.
SECTION 2 - GENERAL CONDITIONS
We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products are subject to change without notice and are in Australian currency unless expressly stated otherwise.
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
SECTION 5 - PRODUCTS OR SERVICES (if applicable)
Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Refunds Policy.
We have made every effort to display as accurately as possible the colours and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any colour will be accurate.
We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e‑mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
For more detail, please review our Refunds Policy.
SECTION 7 - OPTIONAL TOOLS
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.
SECTION 8 - THIRD-PARTY LINKS
Certain content, products and services available via our Service may include materials from third-parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction.
Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
SECTION 9 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libellous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libellous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e‑mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
SECTION 10 - PERSONAL INFORMATION
Your submission of personal information through the store is governed by our Privacy Statement.
SECTION 11 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
SECTION 12 - PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
SECTION 13 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall The coffee Commune, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
SECTION 14 - INDEMNIFICATION
You agree to indemnify, defend and hold harmless The Coffee Commune and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
SECTION 15 - SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
SECTION 16 - TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
SECTION 17 - ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
SECTION 18 - GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of Queensland, Australia.
SECTION 19 - CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
SECTION 20 - GST
Unless stated to be otherwise, charges referred to for use of any services or purchase of any product provided by The Coffee Commune are GST inclusive. The Coffee Commune will issue a tax invoice for all purchases. GST means the Australian Goods and Services Tax charged under A New Tax System (Goods and Services Tax) Act 1999 ("the Act"). Tax invoice means tax invoice as defined by the Act.
SECTION 21 - PRICING
All prices are in Australian dollars and are subject to change without notice.
SECTION 22 - CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at shop@coffeecommune.com.au.
If you are purchasing a machine and coffee subscription, the below additional terms and conditions apply to you:
SECTION 23 – SUBSCRIPTION GENERAL DETAILS
The Coffee Commune Coffee Machine + Coffee Subscription:
The Coffee Commune Coffee Machine and Coffee Subscription is made available by The Coffee Commune Pty Ltd (ABN: 59 638 751 041) trading as the Coffee Commune and its related bodies corporate.
By signing up to join the Coffee Commune Coffee Machine and Coffee Subscription, you agree to be bound by these Terms, and you warrant to us that you are at least 18 years of age, that you are resident in Australia, that you are legally capable of entering into binding contracts, and that you will access the Coffee Commune Coffee Subscription (“Coffee Machine Subscription”) service for personal use only.
If this is not true, or you do not agree to these Terms, you should not sign up to join the Coffee Machine Subscription. Only one Coffee Machine Subscription service is available per person or household.
SECTION 24 – ACCOUNT REGISTRATION
(a) You can apply for a Coffee Machine Subscription by creating an account on our website located at www.coffeecommune.com.au (Site).
(b) The Coffee Machine Subscription is only available to Australian residents who are at least 18 years of age and legally capable of entering into binding contracts. The Coffee Machine Subscription and its benefits are for personal use only, and they must not be used in a business or for business purposes.
(c) If you create an account, you will be asked to create a password. You are responsible for all activity on your account and you must keep your password confidential and secure from any unauthorised use.
(d) You must immediately notify us of any unauthorised use on your account, and you must take immediate steps to re-secure your account in the event of unauthorised access or use.
(e) You agree to provide current, complete and accurate account information, and to promptly update your information so that we can maintain and manage your Coffee Machine Subscription and contact you as needed.
SECTION 25 – SIGNING UP
(a) By signing up to a Coffee Machine Subscription, you are offering to purchase a Subscription service in accordance with our Terms. Any sign-up requests are subject to availability and any Coffee Machine Subscription is subject to our confirmation.
(b) We reserve the right, but are not obliged, to:
(i) refuse any sign-up request that (in our sole discretion) appears to be placed by a dealer, a reseller or a distributor, or is otherwise not for personal use;
(ii) refuse any sign-up request that (in our sole discretion) appears to be in breach of our Terms;
(iii) limit the sign ups in relation to any person, geographic region or jurisdiction; or
(iv) discontinue any part of the Coffee Machine Subscription. We can exercise these rights on a case-by-case basis. Restrictions may also be applied to sign up requests placed by or under the same customer account, the same credit card, the same credit card holder, and/or orders that use the same billing and/or shipping address.
SECTION 26 – TERM
(a) Unless we have previously notified you that we do not accept your sign up request, for any reason, or if you have already cancelled your sign up request in accordance with these Terms, our acceptance of your sign up request and the formation of a contract between you and us occurs when the following happens:
(i) we approve your first payment of the Subscription Fee; and
(ii) we, or our payment processor, debits your account and the funds have cleared.
(b) The term of the Coffee Machine Subscription is 24 months (Term) from the date in Section 26(a). After the Term expires, you can elect to sign up for a new Coffee Commune Machine Subscription or continue your current Coffee Machine Subscription and continue to receive the benefits in Section 27(a)(ii) and Section 27(a)(iii).
SECTION 27 – INCLUSIONS
(a) During the Term, you will receive:
(i) Access to a Sunbeam Barista Max (EM5300) or equivalent,
(ii) You will continue to receive two (2) 500g bags of coffee every month.
(b) You can also choose to upgrade to add-on other products or services for additional fees.
(c) Any promotional offers and discounts offered under the Coffee Machine Subscription are as stated, and cannot be combined with other promotional offers or discounts.
SECTION 28 – PRICING
(a) The fee applicable to the Coffee Machine Subscription selected by you (Subscription Fee) is shown on our Site (including GST (if any)).
(b) During the Term, your account will be charged for the Subscription Fee each month in advance.
(c) If for any reason your card issuer declines your payment for your Subscription Fee, we can suspend or terminate your access to The Coffee Commune Subscription.
SECTION 29 – DELIVERY
(a) We will deliver:
(i) the Machine to you on receipt of the first subscription payment; and
(ii) coffee beans automatically at the frequency and quantity as set out in Section 27.
(b) If any product is not in stock at the time of delivery, we will offer you the following options:
(i) we can deliver the remaining products to you and deliver the unavailable product when it comes back into stock;
(ii) we can supply an agreed substitute product; or
(iii) we can grant you a credit equal to the cost of the unavailable product.
(c) We use third party couriers to perform our deliveries. While we aim to deliver our products to you within the estimated delivery times, we cannot guarantee that our products will be delivered within those timeframes. If your delivery has not arrived by the estimated delivery time, please contact us to discuss the next steps.
(d) You must arrange for our products to be accepted on delivery by you or an authorised person who is 18 years or older. If delivery is delayed due to your unavailability or refusal to accept our products (or if you do not accept delivery of our products within two (2) weeks of our first delivery attempt), we may:
(i) charge you for storage fees up until the date of successful delivery.
SECTION 30 – RISK & TITLE
(a) You acknowledge and agree that:
(i) The Coffee Commune will retain ownership of the Machine during the Term, and The Coffee Commune may register its security interest over the Machine on the Personal Property Securities Register in accordance with the Personal Property Securities Act 2009 (Cth); You will own the machine at the 24 month subscription period.
(ii) ownership of the coffee beans will pass to you once we receive clear payment of the Subscription Fees payable for the four (4) weeks immediately preceding the delivery of the coffee beans.
(b) Risk of loss or damage to the products passes to you once they have left our warehouse.
SECTION 31 – CARE & MAINTENANCE OF THE MACHINE
(a) You will:
(i) you must keep the Machine clean and only use it in accordance with the manufacturer's instructions;
(ii) you must ensure that the Machine is only used for personal or household use, and is not used in a business or for business purposes; and
(iii) you must keep the Machine at the address nominated in your account.
(b) We will provide standard maintenance and repairs in accordance with the Machine's manufacturer's warranty.
(c) The Coffee Commune obligations under Section 31(b) will be reduced to the extent that any damage or failure of the Machine is caused or contributed to by:
(i) your operation or use of the Machine other than in accordance with the manufacturer's instructions;
(ii) your failure to keep the Machine clean;
(iii) accident, abuse or misuse;
(iv) modifications to or interference with the Machine that have not been authorised by us; or
(v) maintenance or repairs to the Machine that have not been performed by us.
SECTION 32 – RECALLS
(a) In the unlikely event that any of our products are subject to a product recall, we will post a notice on our Site and will contact you (or the recipient of the product) by the most appropriate means, including by email, SMS, telephone, instant messaging or post.
(b) We will provide you with instructions regarding next steps with respect to returning the products, in accordance with our recall notice.
SECTION 33 – CONSUMER LAW
(a) The Australian Consumer Law (ACL) in the Competition and Consumer Act 2010 (Cth) and other similar consumer protection laws and regulations may imply certain rights, consumer guarantees, warranties and remedies relating to our products and the Service which cannot be excluded, restricted, qualified or modified by us (Non-Excludable Rights). Nothing in these Terms excludes or attempts to exclude your Non-Excludable Rights as a consumer under the ACL.
(b) To the maximum extent permitted by law or any statutory consumer guarantee contained in, any applicable law, our liability to you for a breach of these Terms or the ACL will be limited to:
(i) offering you a refund for a major failure of our products; or
(ii) replacing our products where the product is not of an acceptable quality, but the failure does not amount to a major failure. Replacement products will be shipped, or refunds given (as applicable) once we receive the faulty product or satisfactory evidence of the faulty product. This does not apply where a problem has arisen with the product because it has been used in breach of these Terms. We do not refund delivery and handling fees, except where we deliver the wrong products to you.
(c) If you are not satisfied with the quality of our products on delivery, please contact us to discuss your options. Where applicable, we will comply with our obligations under the ACL.
(d) To the extent permitted by law, we exclude all warranties and conditions in relation to our products implied by law including those contained in the Sale of Goods Act 1896 (Qld) and the equivalent sale of goods legislation in the other states and territories of Australia.
SECTION 34 – LIABILITY
(a) To the maximum extent permitted by law, and any statutory consumer guarantee contained in any applicable law, we exclude liability arising from or in connection with:
(i) direct or indirect damages and consequential losses, whether based in contract, tort (including negligence), strict liability or otherwise, suffered as a result of fraudulent credit card use; or
(ii) direct or indirect damages and consequential losses, whether based in contract, tort (including negligence), strict liability or otherwise, suffered as a result of your use of the Coffee Machine Subscription or any of our products, or any content or information made available through our Website.
(b) You agree to indemnify, defend and hold harmless The Coffee Commune and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of the Terms, or your violation of any law or the rights of a third party.
SECTION 35 – WARRANTIES
To the maximum extent permitted by law, or any statutory consumer guarantee contained in any applicable law, our Coffee Machine Subscription is provided on an 'as is' and 'as available' basis, without any warranties or conditions of any kind either express or implied, including but not limited to implied warranties and conditions of merchantability, fitness for a particular purpose or non-infringement.
SECTION 36 – TERMINATION
(a) You may cancel your subscription to the Coffee Machine Subscription at any time by giving The Coffee Commune at least 30 days' prior written notice before the next billing period. If you decide to cancel your Coffee Machine Subscription:
(i) during the Term:
(A) You will need to pay the % left owing on your machine. For example, every month your subscription will reduce the RRP price of the machine by 4.17%. So if you cancel after 3 months you have paid off 12.5% of the machine. You will then be required to pay 87.5%, which is the balance. Eg. RRP $249 – 87.5% = $218 payout and you own the machine and we cancel the subscription. Please note we may recover from you, any loss, cost or damage that we may suffer as a result of any breach of these Terms by you;
(B) If you want to renew your subscription after 24 months we will send a brand new machine
SECTION 37 – GST
(a) Terms defined in A New Tax System (Goods and Services Tax) Act 1999 (Cth) (GST Act) have the same meaning when used in this clause unless expressly stated otherwise.
(b) Except where these Terms specify otherwise, an amount payable by a party under these Terms in respect of a taxable supply by the other party represents the value of the supply (Supply Amount). The recipient of the supply must, in addition to the Supply Amount and at the same time, pay to the supplier the amount of GST imposed by the GST Act payable in respect of the supply. For the avoidance of doubt, the GST amount payable under this clause will be calculated by multiplying the Supply Amount by the prevailing GST rate.
(c) If at any time an adjustment is made between the supplier or any other payer of GST and the relevant taxing authority on account of GST on any supply made or other matter or thing done under or in connection with these Terms by the supplier, a corresponding adjustment must be made as between the supplier and the recipient and any payment required to give effect to the adjustment must be made. The supplier must provide to the recipient an adjustment note relating to the adjustment within 7 days.
SECTION 38 – ENTIRE AGREEMENT
(a) In the event that any provision of these Terms is found to be unlawful, void or unenforceable under any applicable law, the unenforceable portion will be deemed to be severed from these Terms, but that will not affect the validity and enforceability of any of the remaining provisions.
(b) If we fail or delay in the exercise or enforcement of any right or provision of these Terms, that will not amount to a waiver of that or any other right or provision.
(c) These Terms constitute the entire agreement and understanding between you and us and govern your eligibility for and access to the Coffee Machine Subscription, and supersede any prior or contemporaneous agreements, communications or proposals, regardless of whether they were oral or written, between you and us (including any prior versions of the Terms).
(d) Any ambiguities in the interpretation of these Terms shall not be construed against the drafting party.
SECTION 39 – GOVERNING LAW
These Terms shall be governed by and construed in accordance with the laws of the State of Queensland, Australia.
SECTION 40 – CHANGES TO THESE TERMS
(a) We reserve the right, at our sole discretion, to update, change or replace any part of these Terms or the Coffee Machine Subscription by posting updates and changes to our website.
(b) It is your responsibility to check our website periodically for changes. Your continued membership in our Coffee Machine Subscription following the posting of any changes to these Terms constitutes acceptance of those changes.
SECTION 41 – CONTACT INFORMATION
Questions about these terms should be sent to us at shop@coffeecommune.com.au.
