Welcome to The Brew Story Web site. The Brew Story Web site at www.thebrewstory.com.au (the “Site” or TBS) is a shopping website where you can browse, select and order products from The Brew Story and any of its retail stores. By using the Site, YOU AGREE TO BE BOUND BY ITS LEGAL NOTICES (explained below), CONDITIONS OF USE, PRIVACY POLICY and all disclaimers and terms and conditions that appear elsewhere on the Site (as may be amended from time to time at the sole and unfettered discretion of TBS). The policies of retail stores on selling The Brew Story products may differ substantially from those applicable to your use of the Site.Please note that products sold on this website may also be sold by unrelated third-party websites and suppliers, subset to the terms and conditions of the Third-Party suppliers. The Brew Story disclaims all liability in respect of the products sold by Third Parties to the full extent permitted by law. Also see the information under the heading “Links to Third Party Site” below.

We reserve the right to make changes to its Legal Notices and Conditions of Use at any time. Each time you Use this Site you should visit and review the then current Legal Notices and Conditions of Use that apply to your use of this Site and any transactions made while on the Site. If you are dissatisfied with, its content or Legal Notices and Conditions of Use, you agree that your sole and exclusive remedy is to discontinue using the Site.

Tampering with the Site, misrepresenting your identity, using buying agents or conducting fraudulent activities on the Site are prohibited.

(“We”, “Us”, “Our”) is the owner and operator of the Site, and includes its directors and authorised officers.

Your access to and use of the Site, including your order of Products through the Site, is governed by these terms and conditions and form a binding contractual agreement between you, the user of the Site. By using the Site you acknowledge and agree that you have had sufficient chance to read and understand the Terms and you agree to be bound by them. If you do not agree to the Terms, please do not use the Site.

If a provision of these Terms are invalid or unenforceable it is to be read down or severed to the extent necessary without affecting the validity or enforceability of the remaining provisions.

You agree to comply with all relevant laws, state or federal, relating to your use of the Site and your placement of any order through the Site.

You agree not to use any data listed on the site for commercial purposes e.g. through price or information scraping.

When you visit TBS website the following information may be recorded by our Internet Service Provider (ISP) for statistical purposes:

• your server address
• your top level domain name (eg, .com, .gov, .au, etc)
• the date and time of your visit to the site
• the pages accessed and documents downloaded
• the previous site visited, and
• the type of browser used.

No attempt will be made to identify you or your browsing activities from these records except in the unlikely event of an investigation by the ISP, or where a law enforcement agency exercises a warrant to inspect the Internet Service Provider’s logs.

All information or material sent to us will be deemed not to be confidential. You grant us an unrestricted irrevocable licence to use, reproduce, display, perform, modify, transmit and distribute that information or material, for any purpose permitted by law.

We will only record your email address if you send us a message seeking further information from us, lodge an online complaint, or access specific sections of our website. Your email address will only be used for the purpose for which you have provided it unless you agree otherwise and, unless legally required to do so, we will not disclose it without your consent. By providing your email address when purchasing online you consent to The Brew Storyproviding you with information about other products or services that may be of interest to you via email, MMS, SMS, social media and telephone for an indefinite period of time.

• the resupply of the relevant advice, service, recommendation or information; or
• the payment to you of the cost of having the relevant advice, service, recommendation or information supplied again.

You authorise Us to collect, store, disclose and share information about you
For an explanation of our practices and policies relating to the collection, use, and storage of information of users of this website, users should refer to the Privacy Policy and Disclosure Statement set out below.

This agreement is governed by and construed in accordance with the laws of Victoria. You irrevocably and unconditionally submit to the non-exclusive jurisdiction of the courts of Victoria. If any provision of this agreement is found to be invalid or unenforceable by a court of law, such invalidity or unenforceability will not affect the remainder of this agreement, which will continue in full force and effect.

Our site contains cookies. A cookie is a small text file that is sent back to your computer’s hard drive from a host website. They record your preferences in relation to your use of a site and provide us with other information about your enquiry that allows us to recognize you in the future. The cookies on our sites do not read the information on your hard drive. They do not make your computer perform any actions or make your computer send information to any other computer via the Internet.

As part of our commitment to maintaining your privacy TBS does not condone or encourage spam.

Spam is ‘unsolicited commercial electronic messaging’. People who purchase or subscribe to goods or services over the Internet or by email may attract an unsolicited electronic message or advertisement.

In accordance with the Spam Act 2003, we will only send commercial electronic messages with the addressee’s expressed or inferred consent to receive it. All requests to unsubscribe will be dealt with promptly.

Prices and availability of products and services are subject to change without notice. Errors will be corrected where discovered, and We reserve the right to revoke any stated offer and to correct any errors, inaccuracies or omissions including after an order has been submitted and whether or not the order has been confirmed and your credit card charged.

The Site attempts to display product images shown on the site as accurately as possible. However, we cannot guarantee that the colour you see matches the product colour, as the display of the colour depends, in part, upon the monitor you are using.

We source products we believe meet Australia’s highest health and safety standards. We are, however, somewhat reliant on the accuracy of information being provided to us by the product suppliers.

We use our best endeavours to ensure that this website contains accurate pictures of the products, along with their ingredients. However, we do not warrant the accuracy of any product descriptions or photographs that is of a product supplied to us by a Third-Party Supplier. Please contact us on namaste@thebrewstory.com.au for any information or clarification on these products.

Please note that while most information given in regard to the health benefits of our products are backed by scientific study and common knowledge, we advise a consultation with a medical professional before consuming products you are unfamiliar with. All the health benefits of spices and nuts listed on the Site and blog have been sourced from either published scientific journals/books or are of common knowledge.

You may only download Content displayed on Our Site for non-commercial, personal use provided you also retain all copyright, trademark and other proprietary notices contained in the material, do not modify or alter the material and do not copy or post the material on any network computer or broadcast the material in any media. It is strictly prohibited to modify, transmit, distribute, reuse, repost, “frame” or use the content of Our Site including the text, images, audio and/or video for public or commercial purposes without written permission from Us. It is strictly prohibited to download the images of the products for sale within this site.

All content included on or comprising Our Site including information, data, software, photographs, graphs, videos, typefaces, graphics, music, sounds and other material (collectively “Content”) is protected by copyright, trademark, patent or other proprietary rights, and these rights are valid and protected in all forms, media and technologies existing now or developed in the future. All Content is copyrighted as a collective work under Australian and international copyright laws which We own, to the fullest extent allowed by such laws, the copyright in the selection, coordination, arrangement, and enhancement of all Content.

Except as expressly authorized or licensed, you may not copy, modify, remove, delete, augment, add to, publish, transmit, participate in the transfer or sale, lease or rental of, create derivative works from or in any way exploit any of the Content, in whole or in part.

One or more trademarks may be pending that apply to this site.

Our logos and other trademarks on the site are the property of their respective owners and are owned by, licensed to, or, where required, used with Our permission and may not be reproduced, copied, or manipulated in any manner without the express, written Our approval.

We appreciate any product reviews, information or material submitted to the Website (“content submissions”). All content submissions sent to Us will be deemed not to be confidential.

You must not use this Website to:

• Make content submissions that breach any laws, infringe a third party’s rights or are contrary to any relevant standards or codes, including, but not limited to breaches of the Copyright Act 1968 (Cth);
• Interfere with other users or prevents any other person from using or enjoying the Site;
• Defame, harass, threaten or offend any person
• Make fraudulent or speculative enquiries, purchases or requests;
• Post or transmit any obscene, indecent, inflammatory or pornographic material or any other material that may give rise to civil or criminal proceedings

Content contributions made to this Site are not a guarantee of publication or application. We reserve the right to:

• Reject, ignore or refuse any content contribution; and
• Investigate and verify the validity of content contributions made to the Site, including the identity, age, employer, and place of residence made of any person making a content contribution to this Site.

This Site contains links to other sites operated by third-parties, including but not limited to third-party sites that display Our trademarks (“Third-Party Site(s)”). These links are available for your convenience and are intended only to enable access to these Third-Party Sites and for no other purpose.

We do not warrant or make any representation about the substance, quality, functionality, accuracy, fitness for a particular purpose, merchantability or any other representation about any Third-Party Site or its content. A link to a Third-Party Site on this Site does not constitute sponsorship, endorsement, approval or responsibility for any Third-Party Site. We make no representation or warranty as to any products or services offered on any Third-Party Site.

The conditions of use and privacy policy of any Third-Party Site may differ substantially from the Conditions of Use and Legal Notices that apply to your use of this Site. Please review the conditions of use for all Third-Party Sites for more information about the terms and conditions that apply to your use of Third-Party Sites.

This Site may only be used for lawful purposes. Activities including, but not limited to, tampering with the site, misrepresenting the identity of a user, using buying agents or conducting fraudulent activities on the site are prohibited.

Users are prohibited from violating or attempting to violate the security of this Site, including, without limitation,

• accessing data not intended for such user or logging onto a server or an account which the user is not authorized to access;
• using the Site for unintended purposes or trying to change the behaviour of the Site;
• attempting to probe, scan or test the vulnerability of a system or network or breach security or authentication measures without proper authorization;
• attempting to interfere with service to any user, host or network, including without limitation via means of submitting a virus to the Site, overloading, “flooding,” “spamming,” “mailbombing” or “crashing;”;
• forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting. Violations of system or network security may result in civil or criminal liability; or
• forging communications on behalf of the Site (impersonating this Site) or to the Site (impersonating as a legitimate user). Sending unsolicited and unauthorized e-mail on behalf of Us, including promotions and/or advertising of products or services, is expressly prohibited. Violations of system or network security may result in civil or criminal liability.

You agree not to use any device, software or routine or data to interfere or attempt to interfere with the proper working of the Site or any activity being conducted on this Site.

You agree, further, not to use or attempt to use any engine, software, tool, agent, data or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search the Site other than the search engine and search agents provided by Us or generally publicly available browsers.

By using the Site, you expressly agree that use of the Site is at your sole risk.

To the full extent permitted by law, We exclude all liability in respect of loss of data, interruption of business or any consequential or incidental damages.

To the full extent permitted by law, We exclude all representations, warranties or terms (whether express or implied) other than those expressly set out in these Terms.

These Terms are to be read subject to any legislation which prohibits or restricts the exclusion, restriction or modification of any implied warranties, conditions or obligations. If such legislation applies, to the extent possible, We limit Our liability in respect of any claim to, at Our option, in the case of goods:

• the replacement of the goods or the supply of equivalent goods;
• the payment of the cost of replacing the goods or of acquiring equivalent goods; or

We do not warrant the accuracy, integrity or completeness of the content provided on the Site or the products or services offered for sale on the Site.

No oral advice or written information given by Us shall create a warranty.

We are not liable for any direct, indirect, incidental, special or consequential damages that result from your use of or inability to use the Site, including but not limited to reliance by you on any information obtained from the Site that results in mistakes, omissions, interruptions, deletion or corruption of files, viruses, delays in operation or transmission, or any failure of performance.

The foregoing Limitation of Liability shall apply in any action, whether in contract, tort or any other claim, even if We have been advised of or should have knowledge of the possibility of such damages.

You hereby acknowledge that this paragraph shall apply to all content, merchandise and services available through the Site.

Should We suffer any damage as a result of a transaction entered into by a minor, compensation can be sought from parents or legal guardians of the minor.

You represent and warrant to Us that:

• you have the legal capacity to enter these Terms; and
• you will not add any content whatsoever to this Site except information that is requested of you.

We will provide refunds pursuant to the Competition and Consumer Act 2010 (the “Act”) namely, if the goods you purchased:

• Are not of merchantable quality;
• Are not fit for its purpose;
• Do not match the description.

You should return your goods within a reasonable time if 1-3 above occurs and provide Us with:

• Proof of purchase by producing the original Tax Invoice or other form of proof such as proof of payment.
• The Goods listed on the Tax Invoice with all original packaging and manuals enclosed (including any Bonus Offers)
• Suitable ID to identify you as the original purchaser; and
• Details of the fault or issue with the product and that the fault or issue was not caused by you.
• Credit Card or PayPal funds willbe refunded back to the customer’s account byTBS. This process may take up to 7 business days to occur.
• the customer must present the relevant and all necessary documentation (tax invoice, web order ID, suitable ID and the product /s in question) for refund.

Where a customer has used a Gift Card online, the store must process a refund equalling the gift card redemption amount via gift card, additional credit card or PayPal payments are to be refunded as above.
Subject to the Act non-returnable Items include, but are not limited to:

• Gift cards
• Items that are severely damaged or abused
• Opened and used product packages

If a Product is damaged on delivery, then you should refuse to take receipt of that Product and notify Us immediately.

If you notice damage to a Product after delivery, you should notify Us immediately on namaste@thebrewstory.com.au and We will arrange for return of the product in accordance with these terms and conditions.

You will be liable for any costs incurred relating to delivery, where the Products have been delivered to you, unless the product is found to be faulty or damaged.

You must also return any Bonus Offers included with your original purchase in an “as new” order with all original packaging and manuals enclosed to receive a full refund.

If the Bonus Offer is a Non-Returnable Item, the value of the Bonus Offer will be subtracted from the purchase price of the item being returned and you will be refunded the difference.

Our website Prices and offers are subject to change without notice.

Prices displayed on this website are in Australian Dollars ($AUD)and where applicable are inclusive of GST.

Whilst on-line prices or offers are exclusive to this website they may be matched at third party operated retail stores but solely at the discretion of the relevant store proprietor or authorised Manager and subject to the availability of stock.

If you use the Site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password.

To purchase Goods via the Site, you may create an Account or check-out as a Guest.

If you check out as a Guest, full access to functionality on the Site may not be available to you including order history, order status, address book and receipt of additional marketing communications.

In order to create an Account, you must provide personal details and contact information

Regardless of whether you create an Account or check out as a guest you warrant that the details you provide to Us are accurate and correct and you accept the responsibility that fulfilment of your order is predicated on the information you have provided to Us is correct at the time of ordering.

The Site is intended for use by individuals 18 years of age or older. The Site is not directed for use by children under the age of 18. Users under the age of 18 should get the assistance of a parent or guardian to use this site.

For privacy and security reasons, Weare unable to lookup or issue new passwords to account holders or provide ability for customer to change password.

You must contact Us immediately if you believe someone else has access to your Account.

We may use third-party software to verify your account or account details.

We reserve the right to modify your personal Accounts and/or Orders where the information provided is discontinued or obsolete, incomplete, incorrect, misleading, inactive for a reasonable period, or We have not been able to contact you using the information provided with your Account or Guest account, and/or where We believe your Account is being used for purposes that do not comply with these Terms and Conditions.

We reserve the right to modify or terminate an Account or Account details at Our absolute discretion, including the right to delete, merge or amalgamate duplicate Accounts held by you. We make no warranty to the completeness of the information that you provide Us.

Where We choose to use third-party services in conjunction with this Website, including secure payment options for purchasing Goods from the Site, you may also be required to create and maintain a separate account that may include personal and financial account details. You must comply with the terms of use with these third-party websites.

Non-compliance with these third-party websites may limit your ability to Order, be provided with Goods, rebates or bonus offers in conjunction with your Purchase.

This Website is designed for Australian customers. International accounts and purchases are welcome on the condition that purchases are made for an individual who is currently residing in Australia and the Goods purchased can be picked up from the Store of purchase.

We may, in Our sole discretion, terminate your account or your use of the Site at any time without notice and for any reason whatsoever. You are personally liable for any orders that you place or charges that you incur prior to termination. We reserve the right to change, suspend or discontinue all or any aspects of the Site at any time without prior notice for any reason whatsoever.

The Site includes a blog, news and other pages where users can comment, post or submit information. These pages can be accessed and viewed by others including the general public. Postings and information provided by you is not confidential. If you are concerned about the confidentiality of the material you are positing on the Site or in any other forum (including on websites not controlled by us) then you should not post that material on the Site. Any material posted on the Site by users is the opinion of the person who submitted the post and not the opinion of The Brew Story or its related entities (as defined in the Corporations Act 2001 (Cth.)). Do not post any material which is illegal, derogatory, inflammatory, misleading or which may offend other users of the site or other companies, people or brands.

We have no obligation to pre-screen postings, and are not responsible for the content of others. Please Contact Us to make us aware of any inappropriate, offensive or illegal content. We reserve the right to remove postings for any reason. We are not responsible for any failure or delay in removing postings.

You own the copyright in your postings. By submitting postings to the Site, you grant us permission to use, copy, display, perform, distribute, adapt, translate, edit, and to responsibly promote your postings in any manner we choose, and to use your name to attribute your postings.

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.

You may order Products by selecting and submitting your order through the Site in accordance with these terms and conditions.

Any order placed through this Site for a Product is an offer by you to purchase the particular Product for the price notified at the time you place the order.

We may ask you to provide additional details or require you to confirm your details to enable Us to process any orders placed through the Site.

You agree to provide Us with current, complete and accurate details when asked to do so by the Site.

You may pay for your order using the following payment methods: Visa; MasterCard; PayPal.

Payment processing services offered via the Site are outsourced to third party providers. If We do not receive or are unable to successfully process payment in full for your order for any reason, We will cancel your order.

If you choose to pay by, Visa or MasterCard credit card or debit card, you authorise Us to debit the amount that is payable for an accepted order from your nominated card.

You will be required to provide Us with the following details on your Visa or MasterCard; card type, name on card, card number, 3-digitor or 4-digit card verification value (CVV2) and the card expiry date.

You must not pay, or attempt to pay, for Products through any fraudulent or unlawful means.

After you place an order using Our shopping cart, We will check the information you give Us for validity, by verifying your method of payment or shipping address.

We reserve the right to reject any order you place with Us for any reason whatsoever. If We reject your order, We will attempt to notify you using the e-mail address you have given Us with the order.

Your credit or debit card will normally not be charged if We reject an order, but We will process a refund if the charge has been made against your card.

Stock levels displayed to you are accurate at the last known update, however, stock availability is subject to change. If there are any changes in available inventory at the Store in the time between you view a product, add an item to your Shopping Cart and commit to a purchase, and We are unable to fulfil your order, We will notify you as soon as possible.

We reserve the right to reject any order you place with Us, and/or or to limit quantities on any order, without giving any reason.

In the event We reject an order, make a change to an order or limit an order We will attempt to notify you by contacting the e-mail and/or billing address provided at the time the order was made.

We reserve the right to limit or prohibit sales to dealers or any commercial enterprise.

If We are unable to supply all items listed on your order, this Agreement will apply to the supply of all or part of the Order.

We may Backorder Goods on your behalf if for any reason We are unable to supply any or all items listed on your order. Where a Backorder has been placed on your behalf, We will contact with you by phone following delivery at the Store.

All Backorders are subject to stock availability with Our supplier.

We reserve the right to cancel an order if you are unable to prove that you are the customer (or agent/ representative) listed on the order, or if you are ineligible to purchase goods sold on the website due to age restrictions, and We reserve the right to not provide stock if proof of; purchase, identity or age cannot be produced. To comply with our legal obligations, you acknowledge that We may be required to retain a copy of any identification provided.

You may cancel an order (whether it is accepted by Us or not) by; contacting the Us with proof of purchase and identity. On cancelling the order, We will refund your payment in accordance with our Refund Policy.

If We cannot stop the shipment of the order at the time of cancellation, then you will be required to refuse delivery or return the products in order to receive a refund in accordance with Our Refund Policy and; We reserve the right to charge an administration fee to cover Our reasonable costs in respect of your order cancelled order.

You will be notified by email once your Order is ready to be shipped or shipped.

Door to Door delivery is our standard delivery service. Taking your purchased product from our commercial kitchen to your nominated delivery address. Door to Door delivery is available to all mainland Australia and Tasmania and there is no exclusion based on delivery location.The goods will be sent by Australia post with one standard flat shipping fee of $9.50, for deliveries up to and including 500 grams. Where the products ordered exceed 500 grams in combined weight there will be a further fee of $9.50 charged in respect of each additional 500 grams.

Door to Door delivery is not available for deliveries to PO Boxes.

For delivery to International addresses contact us via email on namaste@thebrewstory.com.au

Allow 2-5 business days for delivery to metro areas and 2-7 business days for delivery to some regional areas from the date your order is confirmed.

Delivery to parts of Northern Territory, Western Australia, Tasmania and remote/isolated areas may take a significant time and are subject to local transport schedules.

Should there be any issues with stock availability, Wewill contact you and advise of any delays. Delivery delays may occur around Christmas, Easter and public holidays.

If you would like to: access, correct, amend or delete any personal information we have about you, register a complaint, or simply want more information contact us at namaste@thebrewstory.com.au