TERMS + CONDITIONS
Maicap Unit Trust (ABN 98 098 956 950) trading as Nocelle Foods (“we”, “us” or “our”) may amend these Terms from time to time. Your use of the website after we make amendments to these Terms will oblige you to comply with these Terms as amended.
1.0 SALE OF PRODUCTS ON WEBSITE
1.1 Orders for Products
1.1.1 We will supply products and other products offered for sale by us on the website (“Products”) to you in accordance with these Terms.
1.1.2 Please review your order details carefully and correct any mistakes prior to placing your order.
1.2 Price and payment
1.2.1 You must pay for the Products at the time you place an order for the Products on the website. After you place an order for Products, you will receive an email confirmation from us via our website platform operator containing your order details.
1.2.2 All advertised prices on our website are displayed in Australian dollars. Products prices do not include delivery fees. Delivery fees will be quoted before you submit your order for the Products.
1.2.3 Payment can be made by through our website platform operator. All online transactions performed on this website are secured payments. If you choose to pay via credit or debit card, you agree that there are sufficient funds available to cover the cost of your order.
1.2.4 By purchasing Products on this website, you agree to the terms and conditions of your selected payment provider (i.e. Visa, MasterCard, American Express, PayPal, Afterpay or Apple Pay) and our website platform operator, Stripe &/or PayPal. For more information on their terms and conditions, please visit their websites.
1.3 Delivery of Products
1.3.1 We will endeavour to send the Products you have ordered to you within one to three business days from the date of order subject to demand. If the Products are unavailable, delivery may be delayed.
1.3.2 Any guarantees or representations made as to delivery times are subject to any delays resulting from postal delays or circumstances outside of our control for which we will not be responsible. If you wish to query a delivery, please contact our Sales team on (08) 8300 2700.
1.3.3 You acknowledge and agree that any incorrect information submitted in your order for Products may delay or impede the delivery of Products. We take no responsibility for any incorrect address details being provided. Additional fees may be charged for re-delivery of Products.
1.3.4 If the Products are damaged when you receive them, please contact our Sales team on (08) 8300 2700 within seven days after you have received them so that we can resolve any problems.
1.4.1 We reserve the right to refuse service to anyone for any reason at any time.
1.4.2 Title to the Products will pass to you upon full payment for the Products. Risk in the Products passes to you upon our delivery of the Products to our carrier.
1.4.3 To the maximum extent permitted by law, our sole liability to you in respect of any defective Products is (at our election) limited to:
188.8.131.52 the resupply of the defective Products to you; or
184.108.40.206 refund of the price paid by you for the defective Products,
please see our Refund Policy for more information.
1.4.4 You will comply with our directions and provide all requested information to us in respect of any product recalls for the Products.
1.4.5 By agreeing to these Terms, 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.
1.4.6 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.
2.0 INTELLECTUAL PROPERTY
2.1 All intellectual property in this website, including copyright, any trade marks and any other intellectual property rights in or associated with this website is owned or licensed to us.
2.2 You must not do or allow any third party to do anything that may infringe, damage or endanger our intellectual property rights or the intellectual property rights of a third party in respect of the website.
3.1 the purposes for which your personal information is collected;
3.2 the consequences if your personal information is not provided to us;
3.3 the third parties to which we disclose your personal information;
3.4 how you may seek access or correction of your personal information;
3.5 whether your personal information is likely to be disclosed to overseas entities and in which countries; and
3.6 how you can complain about a breach of our obligations in respect of your personal information and how such a complaint will be dealt with.
4.1 We take all reasonable steps to ensure the security of our systems. Any information that we hold for you is stored on secure servers. In addition, our employees and the contractors who provide services relating to our information systems (as applicable) are obliged to respect the confidentiality of any personal information held by us. However, to the maximum extent permitted by law, we will not be held responsible for any loss that may arise from unauthorised access to your personal information subject to any negligence or breach of law on our behalf.
4.2 The website may contain links to other websites. We are not responsible for the privacy practices or the content of such websites. We accept no responsibility for and you release us from any liability that may arise from your use of a third party website.
4.3 We exercise all due care to ensure that your information is secure on our system. However, the possibility exists that the information could be unlawfully observed by a third party while the data is being transmitted over the internet or while stored on cloud based servers. To the maximum extent permitted by law, you release us from any liability that may arise if any other persons obtain the information you submit to the website, subject to any negligence or breach of law on our behalf.
5.0 NO REPRESENTATIONS AND WARRANTIES
5.1 To the maximum extent permitted by law, we do not provide any representations or warranties relating to this website, its content or its availability.
5.2 We will not be responsible in any way for the availability of the website subject to any negligence, breach of law or circumstances within our reasonable control. We will use commercially reasonable endeavours (taking into account our internal standards, written or otherwise) to maintain the performance of this website where this is within our direct control.
5.3 We cannot and do not warrant that the website will operate defect or error-free or that the website and its server are free from computer viruses or other harmful mechanisms.
6.0 RISKS AND RELEASE FROM LIABILITY
To the maximum extent permitted by law and subject to any negligence or breach of law on our behalf:
6.1 we accept no liability for any loss or damage howsoever arising (including any indirect or consequential loss) to any person or corporation who may rely on the information contained on this website for any purpose or as a result of the use of or access to this website; and
6.2 you release us from all damages, losses, actions, costs, claims, demands and causes of action whatsoever at law, in equity or under statute that you or anyone claiming through you may have, or might at any time have or have had against us in respect of, arising out of or resulting from access, attempted access or use of the website.
7.0 THIRD PARTY DATA
We are not responsible for the content of any data on or accessed through the website that is not originated by us. We exercise no direct supervision or control over the content of such data. We do not assume any responsibility for data not actually provided or expressly authorised by us. The responsibility for data that does not conform to these Terms and all possible consequences lie with the provider or sender of the data.
8.0 ACCEPTABLE USES
You must use the website responsibly and within the law. It is your responsibility to:
8.1 use the website in a manner that does not violate any applicable laws or regulations;
8.2 respect the legal protection afforded by copyright, trade mark, license rights and other laws to data accessible via the website;
8.3 respect the privacy of others;
8.4 use the website in a manner that does not interfere with or disrupt other users of the website, services or equipment;
8.5 refrain from acts that waste resources or prevent other users from receiving the full benefit of the website; and
8.6 use the website lawfully, ethically and in accordance with accepted community standards.
9.0 UNACCEPTABLE USES
9.1 You must not use the website in any way that breaches local, state, federal or international laws or regulations. Without limiting that, you must not:
9.1.1 violate copyright, trademark or other intellectual property rights;
9.1.2 illegally store, use or distribute software owned by or licensed to us;
9.1.3 transmit threatening, obscene or offensive materials;
9.1.4 discriminate or promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
9.1.5 misrepresent or defame others;
9.1.6 commit fraud;
9.1.7 damage, modify or destroy any of our or any other person’s files, data, passwords, devices or resources;
9.1.8 make an unauthorised transmission of confidential information or data protected by trade secrets;
9.1.9 engage in misleading or deceptive on-line practices;
9.1.10 conduct any business or activity or solicit the performance of any activity that is unlawful;
9.1.11 impersonate any person, or misrepresent your identity or affiliation with any person; or
9.1.12 attempt to do any of these things.
9.2 You must not use the website to interfere with or disrupt the website or other users, services or equipment. In particular, for example, you must not:
9.2.1 distribute messages to inappropriate or unrelated forums, newsgroups or mailing lists;
9.2.2 send unsolicited commercial messages;
9.2.3 initiate or spread computer worms, viruses or other types of malicious programs;
9.2.4 make transmissions of any type or quantity that adversely affect the operation of the website or jeopardises the use of the website, or its performance for other users of the website; or
9.2.5 harass or impersonate us, the website or other users of the website;
9.2.6 engage in conduct which causes a threatened or actual nuisance to other users of the website; or
9.2.7 violate or attempt to violate the security of the website.
10.0 OUR RIGHTS
10.1 You will indemnify us against all damages, losses, actions, costs, claims, demands and causes of action whatsoever at law, in equity or under statute that we suffer or incur as a result of any breach of these Terms by you.
10.2 Without limiting any of our other rights, if you breach any term of these Terms, we may:
10.2.1 confiscate or destroy or require you to return or destroy, at your cost, all material that you have obtained from the website;
10.2.2 require you to delete or otherwise permanently remove from any electronic device, information you have obtained from the website, using any means reasonably necessary;
10.2.3 suspend or terminate your access to the website; and
10.2.4 take any other action against you.
11.0 WHAT WE MAY DO TO ENSURE THAT THESE TERMS ARE BEING FOLLOWED
11.1 We may (but are not obliged to) monitor your use of the website to determine whether these Terms are being followed. If we monitor your use, we will safeguard your privacy unless doing so would involve us concealing a criminal offence, be contrary to law or inhibit the enforcement of these Terms.
11.2 If we become concerned that your use of the website may break the law or that you have not complied with these Terms, we will generally attempt to contact you before taking action (if possible).
11.3 If we believe that your use of the website may break the law or that you have not complied with these Terms we may:
11.3.1 notify you by email (if possible);
11.3.2 suspend or terminate your access to the website without notice; and/or
11.3.3 notify and provide relevant information to the authorities, as appears appropriate in the circumstances.
12.1 While we will make all commercially reasonable efforts to post a prior warning on the website, we may from time to time suspend, disconnect or deny access to the website, without notice to you during any technical failure, modification or maintenance affecting the website, provided that we will use commercially reasonable endeavours (taking into account our internal standards, written or otherwise adopted) to procure the resumption of the website as soon as reasonably practicable.
12.2 Without notice to you, we may remove, amend or alter any material or data in the website upon being made aware of any claim or allegation or risk of a claim or allegation that any such material or data is unlawful, defamatory, offensive or in breach of a third party’s rights.
13.1 These Terms are governed by and are to be interpreted pursuant to the laws of South Australia, Australia and users of the website submit to the exclusive jurisdiction of South Australian courts in respect of any disputes under or related to these Terms or a user’s access to or use of the website.
13.2 The failure by one party to insist upon strict performance by the other party of any terms of these Terms will not be deemed a waiver of any term or a breach by the other party of any of these Terms.
13.3 Every provision of these Terms will be deemed severable as far as possible from the other provisions of these Terms. If any provision is found to be void, illegal or unenforceable for any reason, it will be deemed to be severed and omitted from these Terms. These Terms, with the offending provision severed and omitted and with any consequential amendment if necessary, will otherwise remain in full force.