Coffy

COFFY OPERATIONS PTY LIMITED WEBSITE TERMS

  1. Welcome to our website www.coffy.com.au together with all associated domains and sub-domains (Site) owned by Coffy Operations Pty Limited ABN 83 600 773 957 and its related bodies corporate (referred to as Coffy, we, our or us in these Terms). These are our Terms in respect of any use of the Site by any users (referred to as you or your in these Terms). These Terms apply whenever you access the Site, regardless of how you access the Site, including the use of information services provided through this Site. Please read these Terms carefully before accessing or using the information and services available through the Site.
  2. For an explanation of our practices and policies relating to the collection, use, and storage of information of users of this Site, users should refer to the Privacy Policy.

  3. Use of this site

  4. Coffy is the owner and operator of this Site.
  5. You agree to be bound by these Terms, which are subject to change at our sole discretion. Your use of and access to this Site constitutes your acceptance of these Terms as they exist at the relevant time.
  6. Coffy may modify these Terms at any time, and such modifications will be effective as soon as they are posted on the Site. You agree to any modifications to the Terms by continuing to use the Site after the Terms have been modified. You are bound by such modification. A copy of our current Terms of the Site is displayed on the Site at all times.
  7. If you do not agree with any of these Terms, you must not use the Site and must immediately leave.
  8. Coffy reserve the right to do any of the following in relation to your membership or use of the Site:
    1. Suspend your membership or use of the Site.Hide (permanently or temporarily) or modify any part of your profile.
    2. Permanently or temporarily prevent your access to the Site.
    3. If you breach these Terms, immediately suspend or terminate your use of this Site and, at Coffy’s option, take any appropriate legal action against you.
  9. By agreeing to being bound by these Terms, you represent and warrant that you are at least 18 years of age, or if you are entering into these Terms on behalf of any person under 18, that you are that person’s parent or legal guardian. You must inform any persons under 18 about these Terms and their obligation to comply with them.
  10. You must set a password for use of the Site in accordance with any instructions on the Site. You must protect any such password. You must immediately notify Coffy of any unauthorised use of your password or account, or any breach of security that will adversely impact your use of the Site.
  11. You are at all times responsible for maintaining the confidentiality of your password and account. Coffy has no liability for any loss or damage (including for unauthorized access to your account) where you fail to comply with your password obligations in these Terms.

  12. Services and charges

  13. You must join the Site to access the service is provided on the Site.
  14. Your use of the Site will be free of charge, except as specified otherwise.
  15. Certain features and services may be subject to a charge, and such features and services will be specified on the Site. Details regarding the charges for features and services published on the Site will be taken to be included in these Terms.
  16. Coffy may change the price for any features or services at any time.
  17. Coffy may change or discontinue any features or services on the Site in part or in whole at any time or from time to time. You are not entitled to a refund as a result of any such change.

  18. Safety

  19. Coffy advises you that you must be cautious when communicating with other members on the Site, including by carefully considering any content you post or transmit on the Site, or to any other members of the Site.
  20. You must not include any details on the Site (such as full names, addresses, telephone numbers or email addresses) that you do not wish to become public. All details you publish on the Site are available to other members and are not confidential.

  21. Intellectual Property

  22. All intellectual property in relation to content on this Site belongs or is licensed to Coffy or its affiliates. You obtain no interest in that intellectual property. All content on this Site may be protected by Australian and international copyright and other intellectual property laws. You may not do anything which interferes with or breaches those laws or the intellectual property rights in the content.
  23. All rights not expressly granted under these Terms are reserved by Coffy. Unless expressly stated otherwise or as permitted under the Copyright Act 1968 (Cth), you are not permitted to copy, or republish anything you find on the Site without the copyright or trade mark owners’ permission.19. All rights not expressly granted under these Terms are reserved by Coffy. Unless expressly stated otherwise or as permitted under the Copyright Act 1968 (Cth), you are not permitted to copy, or republish anything you find on the Site without the copyright or trade mark owners’ permission.
  24. The Coffy name, the Coffy logo, and identifiers of Coffy are registered trade marks or other intellectual property of Coffy or its related bodies corporate. Other trade marks may be displayed on the Site from time to time. These may belong to third parties. Nothing displayed on the Site is construed as granting any license or right of use of any logo or trade mark displayed on the Site without the express written permission of the relevant owner.

  25. Liability & Indemnity

  26. Coffy do not exclude any rights, remedies, guarantees, conditions or warranties in respect of goods or services under the Competition and Consumer Act 2010 (Cth) or equivalent State or Territory legislation which cannot be excluded, restricted or modified. However, Coffy excludes all other rights, remedies, guarantees, conditions and warranties in respect of goods or services from your use of the Site whether based in statute, common law or otherwise, to the extent permitted by law. To the fullest extent possible:
    1. Coffy does not warrant the accuracy of the content on the Site. Any content is provided to you “as is” and on an “as available” basis and on the condition that you take all responsibility for assessing the accuracy of the content and rely on it at your own risk. All content on the Site may be changed at our sole discretion and without notice.
    2. Coffy has no responsibility or liability in relation to any loss or damage that you incur, including loss of profits, interruption of business, loss of data on your information handling system or other damage to your software or hardware, arising from your use of or access to this Site, except as set out in these Terms. If you acquire products or services from Coffy, then the terms and conditions and Coffy's liability in respect of those products or services will be set out in the relevant documents relating to those products or services.
    3. To the extent that any activity conducted by you connected with this Site leads to death, physical or mental injury or any other thing that results from anything that could be considered a recreational service or activity, Coffy excludes all liability (except due to Coffy’s reckless conduct).
  27. Coffy does not warrant that functions contained in the Site content, such as hyperlinks, will be uninterrupted or error free, that defects will be corrected or that Coffy or the server that makes it available, are free from viruses or bugs.
  28. Coffy does not warrant any outcomes from your use of the Site.
  29. You accept all risks and responsibility for all loss, damage, costs and other consequences resulting from using the Site or the content or material on or accessible through the Site.
  30. To the extent permitted by law, Coffy’s liability for any breach of a term or condition implied by law is limited at Coffy’s discretion:
    1. If the breach relates to goods, replacing, repairing or supplying goods equivalent to those goods or paying the cost of replacing or repairing them or acquiring equivalent goods: or
    2. If the breach relates to services, resupplying, or paying the cost of resupplying, those services.
  31. You indemnify Coffy and its affiliated companies, and each of their directors, officers, employees and agents against any action, claim, loss or expense which it incurs which arises from your use of the Site.
  32. All activities you engage in with another member that you have been introduced to or met on the Site are conducted solely at your own risk and Coffy has no liability in respect of such activities.
  33. Coffy may contract or arrange for third parties to provide the whole or part of the supply of products and services to you. You must not bring any claims or actions against such third parties. If you bring such a claim or action in breach of these Terms, you agree to indemnify us and the person against whom the claim or action is made against the consequences of that claim or action. You agree that in entering into these Terms, we are acting as the agent of and trustee for each of our employees, officers, agents and subcontractors, and each of these persons is deemed to be a party to the contract for the purpose of entitling each of them to enforce, have the benefit of and rely upon these Terms.

  34. Third Party Content & Links

  35. This Site may include third party content which is subject to that third party's terms and conditions of use. Nothing on this Site should be construed as granting any licence or right for you to use that content.
  36. This Site may include links to third party sites which are not related to Coffy and in relation to which Coffy has no control or interest. The appearance of those links on this site does not indicate any relationship between Coffy and that third party or any endorsement by Coffy of that third party, its site or the products or services which appears on this Site. You should take appropriate action to ensure that your access to, and use of this Site and other websites is protected against, and free from viruses, worms, trojan horses and other harmful and destructive material.
  37. Any publication of e-mail addresses on the Site is for the purpose of personal communication only. Our e-mail addresses and any other party’s email addresses or contact details contained on the Site (including in any blogs) must not be used to send unsolicited commercial messages.
  38. Any comments on this Site by users of the Site (including in any profiles. blogs, live chat and forums), advertisers, sponsors or other promoters (Third Party Content) are solely the comments of those persons and do not represent the views of and are not endorsed by Coffy, and Coffy makes no representation or warranty as to the accuracy, reliability or completeness of any Third Party Content.
  39. When posting Third Party Content on this Site, you warrant that you created or otherwise have all necessary intellectual property rights to publish the relevant material. You indemnify Coffy in respect of any claims from the publication of Third Party Content, and you must provide true and correct name and contact details. You must not impersonate anyone, or mislead anyone as to the source of the comments.
  40. You agree that if you post any Third Party Content on this Site that your comments must not be unlawful, defamatory or otherwise harmful, be a breach of any third party’s intellectual property rights, abusive, obscene, discriminatory, harassing, offensive, racially or sexually vilifying, obscene, pornographic or otherwise indecent. You agree that the Third Party Content you post on the Site must not advertise or promote any products or services, except with Coffy’s prior written consent.
  41. Coffy may monitor, edit or remove Third Party Content, however Coffy has no obligation to do so. Coffy may remove any comments posted by a user on this Site for any reason including due to a breach of these Terms.
  42. By posting any Third Party Content, you grant Coffy an irrevocable, royalty free, perpetual, non-exclusive worldwide licence to reproduce, publish, communicate, adapt and sub-licence that Third Party Content. Coffy has no obligation to maintain confidentiality in Third Party Content, pay you for those comments or respond to them.

  43. Terms of supply of services and refunds

  44. These Terms apply to any purchases of services on the Site.
  45. You must pay the price specified in respect of all services purchased on the Site before any services will be supplied to you. Prices are in Australian dollars and include GST, except where specified otherwise.
  46. Once you have commenced using services or otherwise received the service, no refund is available on those services. This includes any online services.
  47. Where goods or services are provided by a third party (even where promoted on the Site), that third party is solely responsible for those goods or services.

  48. General

  49. You must not use this Site for any purpose or in any way which is unlawful.
  50. These Terms are governed by and interpreted in accordance with the laws of New South Wales. You submit to the non-exclusive jurisdiction of the courts of New South Wales. If any provision of these Terms is found to be invalid or unenforceable by a court of law, such invalidity or unenforceability will not affect the remainder of these Terms, which will continue in full force and effect.
  51. If any part of these Terms is unenforceable, this will not affect the enforceability of any other part of the provision or any other provision deemed invalid, that part will be severed from these Terms and the remainder of these Terms will continue to be valid and enforceable.

  52. Privacy

  53. The Coffy Privacy Statement forms part of these Terms. View the Privacy Policy.

  54. Contact Us

  55. You can contact us on: Email: info@coffy.com.au