Terms & Conditions
For all general enquiries, including wholesale and press matters, please email info@tidbitsnacks
Your use of this website is governed by the policies, terms, and conditions set out below (“Terms”), so please read them carefully and contact us with any questions before you use the website. You can contact us at: info@tidbitsnacks.com.au
These Terms, together with any other policy in relation to the supply or return of goods that is made available on our website from time to time, form the whole of the agreement between you and tidbit snacks in respect of your use of the website and any purchase of goods from tidbits snacks (“Goods”) made through the website.
Your use of this website indicates your acceptance of these Terms and any other applicable policy. If you do not agree to the Terms, please do not use this website. To the extent that any inconsistency arises between these Terms and a separate policy published on our website, these Terms will apply. These Terms will otherwise supersede and replace any subsequent terms or conditions provided by you or on your behalf to us in connection with an order for Goods you make through our website (“Order”), whether or not such terms or conditions are signed by tidbit snacks.
Tidbit snacks reserves the right to make changes to this website and these Terms at any time. By ordering or registering on our website you grant us the right to add your contact details to our database and use them to contact you regarding your Order, shipping, and other products or promotions. From time to time we may contact you about offers and new products. You can easily be removed from our subscriber list by either unsubscribing via a link in any email you receive from us, or by contacting our Customer Support at: info@tidbitsnacks.com.au
Tidbit snacks, and this website, are based in Australia and provide services only inside Australia. All dates and times referred to on our website or in any communication with you are references to AEST or AEDST as applicable, and all prices or other amounts are in Australian Dollars, inclusive of GST unless otherwise specified.
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> License to use Site
1a. We grant you a non-exclusive, non-transferable, royalty-free license to use the website in accordance with these Terms.
2b. You may access and use the website (including any incidental copying that occurs as part of that use) in the normal manner and may also print one copy of any page within the website for your own personal, non-commercial use..
3c. You must not add any content to the website: .
1. unless you hold all necessary rights, licenses and consents to do so;.
2. that would cause you or us to breach any law, regulation, rule, code or other legal obligation;.
3. that is or could reasonably be considered to be obscene, inappropriate, defamatory, disparaging, indecent, seditious, offensive, pornographic, threatening, abusive, liable to incite racial hatred, discriminatory, blasphemous, in breach of confidence or in breach of privacy;.
4. that would bring us, or the website, into disrepute; or.
5. that infringes the intellectual property or other rights of any person..
4. The website contains links to other websites as well as content added by people other than us. We do not endorse, sponsor or approve any such user generated content or any content available on any linked website..
5. You acknowledge and agree that: .
1.we retain complete editorial control over the website and may alter, amend or cease the operation of the website at any time in our sole discretion; and.
2.the website will not operate on a continuous basis, and may be unavailable from time to time (including for maintenance purposes)..
If we believe that you have not complied with these Terms or any other agreement with tidbit snacks at any time, we may immediately cancel any Order, terminate your access to this website, or restrict your use of the website, and you agree that we may do so without prior notice to you and without liability to you or anyone else..
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> Intellectual property rights
Nothing in these Terms constitutes a transfer of any intellectual property rights. You acknowledge and agree that, as between you and us, we own all intellectual property rights in the website.
By posting or adding any content onto the website or otherwise supplying material or information to us by any means, you grant us a perpetual, non-exclusive, royalty-free, irrevocable, worldwide and transferable right and license to use that content in any way (including, without limitation, by reproducing, modifying, and communicating the content to the public) and permit us to authorize any other person to do the same thing.
You consent to any act or omission which would otherwise constitute an infringement of your moral rights, and if you supply any content in which any third party has moral rights, you must also ensure that the third party also consents in the same manner.
The license in clause 2(c) will survive any termination of these Terms.
You represent and warrant to us that you have all necessary rights to grant the licenses and consents set out in clause 2(b) and 2(c).
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> Our Liability to You
To the fullest extent permitted by law, we exclude all liability, in contract or tort (including negligence), arising in connection with our website, goods, or services or these Terms, including any liability in respect of loss of data, interruption of business, viruses and other harmful components within the website or content, or any indirect, special, punitive, consequential, incidental or similar damages arising from your use of this website or its content or services, or from the purchase or supply of any goods.
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, guarantees or obligations (such as the non-excludable provisions of the Australian Consumer Law (contained in Schedule 2 of the Competition and Consumer Act 2010)). 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 repair of the goods;
the payment of the cost of replacing the goods or of acquiring equivalent goods; or
the payment of having the goods repaired; and
in the case of services:
the supply of the services again; or
the payment of the cost of having the services supplied again.
In respect of any liability which cannot be excluded in accordance with the above provisions, then we limit such liability, where lawful, to payment in the amount of $10 or the minimum amount permissible by law (if greater than $10).
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> Your Liability to Us
You are liable and solely responsible for:
Any content you supply to us;
Your breach of any person's intellectual property rights (including those of tidbit snacks);
Your breach of these Terms or any other agreement with us; and
Your breach of any applicable law.
You agree to indemnify tidbit snacks (including our directors, employees, contractors, assigns, and related bodies corporate) (“Indemnified Parties”) from and against any and all claims (including in negligence), liabilities, costs, expenses (including legal fees) and loss suffered or incurred by the Indemnified Parties and arising in any way from any of the matters set out in paragraphs (a) – (d) above. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with our defense of such claims.
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> General
You must not assign, sublicence or otherwise deal in any other way with any of your rights under these Terms.
If a provision of these Terms is 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.
Each party must at its own expense do everything reasonably necessary to give full effect to this Agreement and the events contemplated by it.
These terms are governed by the laws of New South Wales and each party submits to the jurisdiction of the courts of New South Wales.