Terms & Conditions

Acceptance of Terms and Conditions

Welcome to the Tea Soul website (“Website”), owned and managed by Nucleo Pty Ltd. Nucleo Pty Ltd provides services to you subject to the following Terms and Conditions, which may be amended by us from time to time with no notice to you. When using any Nucleo Pty Ltd service you are also subject to any rules or guidelines which may be posted, or emailed from time to time. All such rules or guidelines are hereby incorporated by reference into the Terms and Conditions.

Your continued use of the Website constitutes an affirmative, acknowledgment and agreement by you that you accept and agree to abide and be bound by these Terms and Conditions and any amendments.

These Terms and Conditions will be governed by and construed in accordance with the laws of New South Wales, Australia. You irrevocably and unconditionally submit to the non-exclusive jurisdiction of the courts of New South Wales. If any provision of this agreement is found to be invalid or unenforceable by a court of law, that clause will be severed from these Terms and Conditions and such invalidity or unenforceability will not affect the remainder of the Terms and Conditions which will continue in full force and effect.

For the purpose of these Terms and Conditions, “Content” means material such as text, software, images, audio and video, including links to that material.

Accuracy of Information

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 Nucleo Pty Ltd, its related bodies corporate nor its or their directors or employees make any representation or warranty that

(i) 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

(ii) your access to the Website will be uninterrupted, timely or secure. Nucleo Pty Ltd 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.

Product Descriptions

Nucleo Pty Ltd and its related bodies attempt to be as accurate as possible in the description of products. However, Nucleo Pty Ltd does not warrant that product descriptions are accurate, complete, reliable, current, or error-free.

Limitation of Liability

The Trade Practices Act and similar state and territory legislation in Australia may confer rights and remedies on you in relation to the provision by Nucleo Pty Ltd of goods or services on the web site which cannot be excluded, restricted or modified (“Non-excludable Rights”). Nucleo Pty Ltd does not exclude any Non-excludable Rights but does exclude all other conditions and warranties implied by custom, law or statute.

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) Nucleo Pty Ltd 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) Nucleo Pty Ltd does not warrant that the functions contained in any Content or any Communications Facility or your access to the Website will be uninterrupted or error-free, that any defects will be corrected or that the Website or the server which stores and transmits Content to you are free of viruses or any other harmful components, (d) Nucleo Pty Ltd 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 websites) or any Content in terms of correctness, accuracy, timeliness, completeness, reliability or otherwise, and (e) you (and not Nucleo Pty Ltd) assume the entire cost of any necessary verification, maintenance, repair and/or correction of any relevant Content.

To the maximum extent permitted by law, under no circumstances (including but not limited to any act or omission on the part of Nucleo Pty Ltd) will Nucleo Pty Ltd 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 Web Site or any Content. You expressly acknowledge and agree that Nucleo Pty Ltd 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.

To the maximum extent permitted by law, Nucleo Pty Ltd‘s liability for breach of any implied warranty or condition which cannot be excluded is limited, at the option of Tea Soul, to the following:

in the case of services supplied or offered by Nucleo Pty Ltd, (a) the supply of the services again, or (b) the payment of the cost of having services supplied again; and

in the case of goods supplied or offered by Nucleo Pty Ltd, (a) the replacement of the goods or the supply of equivalent goods, (b) the repair of such goods, (c) the payment of the cost of replacing the goods or acquiring equivalent goods, or (d) the payment of the cost of having the goods repaired.

Indemnity

You agree to indemnify and hold harmless Nucleo Pty Ltd 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.

Copyright

The material provided on the Website is copyright protected. You may only use this material for your own private and non-commercial purposes. Except for the temporary copy held in the computer’s cache and a single permanent copy for your personal reference, the material may not otherwise be used, copied, reproduced, published, stored in a retrieval system, altered or transmitted in any form or by any means in whole or part (except where such use constitutes fair dealing under the Copyright Act) without the prior written approval of Tea Soul or the appropriate supplier or licensor of Nucleo Pty Ltd.

You may not use any part of the Content on the Website to establish, maintain or provide, or assist in establishing, maintaining or providing your own publications, Internet site or other means of distribution.

All software used on this web site is the property of Nucleo Pty Ltd or its software suppliers and is protected by Australian and international copyright laws.

Trademarks

The Tea Soul logo and the logos of the Tea Soul products are registered trademarks of Nucleo Pty Ltd or its related bodies corporate. Other trademarks may be displayed on the Website from time to time. These may belong to third parties. Nothing displayed on the Website should be construed as granting any licence or right of use of any logo or trademark displayed on a web site, without the express written permission of the relevant owner.

Your Account, Membership and/or Registration

In consideration of your use of the Website, you agree to:

• provide true, accurate, current and complete information about yourself as prompted by the web site’s registration form (such information being the “Registration Data”); and
• maintain and promptly update the Registration Data to keep it true, accurate, current and complete.

In particular to register, you must provide your real name and email address. If you provide any information that is untrue, inaccurate, not current or incomplete, or Nucleo Pty Ltd has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Nucleo Pty Ltd 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).

If you use this 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.

Electronic Communications and Your Conduct

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.

The Website may contain electronic bulletin boards, chat rooms and other communication facilities which provide for feedback by users to Nucleo Pty Ltd, real-time interaction between users (including individuals referred to as guests and experts) and other electronic messaging and notice services (“Communication Facilities”).

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:

• restrict or inhibit any other user from using or enjoying any Communication Facility;
• 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;
• 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;
• post or transmit any material of any kind which contains a virus or other harmful component;
• post, transmit or in any way exploit any material of any kind for commercial purposes or which contains any promotional material or advertising;
• delete any author attributions, legal notices or proprietary designations or labels in any file that is uploaded; or
• 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.

Nucleo Pty Ltd may from time to time monitor or review the contents of its Communication Facilities. While Tea Soul reserves its right to edit, refuse to post or to remove any information and/or materials (in whole or in part) that in Nucleo Pty Ltd’s sole discretion is in any way objectionable or in violation of any applicable law or the Terms and Conditions, Nucleo Pty Ltd has no obligation whatsoever to monitor any Communication Facility or to edit, delete or refuse to post such contents, nor is Nucleo Pty Ltd responsible for any contents in any Communication Facilities (including any information, comments and/or advice of any individual referred to as guest or expert whose statements on the web site are solely their own). You expressly acknowledge and agree that the Communication Facilities provide a means of public and not private communications.

Nucleo Pty Ltd 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.

Contributions

Nucleo Pty Ltd may permit you to 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 Nucleo Pty Ltd disclaims any and all liability in connection with Contributions. Nucleo Pty Ltd assumes no responsibility for monitoring any Contributions, and does not endorse the information Contributions. Nucleo Pty Ltd is under no obligation to treat your Contribution as confidential.

Nucleo Pty Ltd may at any time, without liability to you, remove, alter or disable access to any or all of your Contributions in its sole discretion without prior notice to you.

User Licence To Tea Soul

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 Nucleo Pty Ltd 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:

• use, copy, sublicense, redistribute, adapt, transmit, publish and/or broadcast, publicly perform or display, and;
• sublicense to any third parties the unrestricted right to exercise any of the foregoing rights granted.

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 Nucleo Pty Ltd and any other party authorised by Nucleo Pty Ltd 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 Nucleo Pty Ltd, you will execute and deliver to Nucleo Pty Ltd such instruments and take such other actions as may be required to carry out this grant of licence and waiver.

Online Security

At Tea Soul 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.

Tea Soul will never ask you to provide personal information like your bank details, credit card details, your address, driving licence or passport numbers via email.

If you’re making an online purchase from Tea Soul 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 us immediately.

Risk Of Loss

All items purchased from Tea Soul are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.

GST

Unless stated to be otherwise, charges referred to for use of any services or purchase of any product provided by Nucleo Pty Ltd are GST inclusive. Tea Soul 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.

Third party links and advertising

Hyperlinks and pointers to web sites operated by third parties will appear on Tea Soul from time to time. These web sites do not form part of the Website and are not under the control of Nucleo Pty Ltd or its related bodies corporate and neither Nucleo Pty Ltd nor its related companies have any responsibility for the contents of any such hyperlink or linked web site. If you link to any such web sites you leave the Website and do so entirely at your own risk.

The Website displays third party advertisements, which may or may not contain hyperlinks or referral buttons to web sites operated by third parties. The display of such advertising does not in any way imply a recommendation or endorsement by Nucleo Pty Ltd or its related bodies corporate of the relevant advertiser, its products or services or any such linked web site.

If you contact a third party using functionality provided on the Website, including via email, Nucleo Pty Ltd 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.

Errors And Omissions

Tea Soul endeavours to maintain the accuracy of product images, product descriptions, stock availability and prices, we do however reserve the right to cancel an order and/or reverse a payment if an order has been placed based on erroneous information.

Delivery

In rural and regional areas of Australia, delivery times for Express Parcel Services are in respect of delivery to the Post Office of the principal township in that area. Delivery to final destinations may take longer. If in doubt please check with your local Post Office.