Chilli Coffee Pty Ltd. Update: 30th May 2020
1. Hello and Welcome
We’ve made every effort to design our Website to be useful, informative, helpful, compliant and fun. We’ve done our best to accomplished that for you. See something we could improve, we are happy to accept comments and suggestions. Believe we could make the Website easier for you to navigate, ways to improve our products or services or to find the information you need and want, please let us know.
2. Your Acceptance
By using and/or visiting the Website, including all content (as defined below), and by accessing associated content such as an email or text sent by Chilli Coffee, you signify your agreement to these TOU. You acknowledge:
- that you have read and understood these TOU; and
- that these TOU have the same force and effect as a signed agreement.
You also acknowledge that you are either more than eighteen (18) years of age, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, warranties, and indemnification set forth in these TOU, and to abide by and comply with these TOU.
We reserve the right to modify or discontinue the Website (or any part of the Website), temporarily or permanently, with or without notice to you. We are not obligated to support or update the Website. You agree that Chilli Coffee will not be liable to you or to any third party if we do or do not modify or discontinue the website (or any part of the website). Unless we explicitly state otherwise, any new features that augment or enhance the current Website will also be subject to these TOU.
By using the website, you agree to be bound by the most recent version of the TOU. We may change these TOU at any time in line with any changes which may occur as a result of normal business operations. It is recommended you review these TOU each time you visit the Website. If Chilli Coffee has your email address, Chilli Coffee may notify you of any material changes to the TOU via email should they occur.
These TOU include a disclaimer of warranties, a disclaimer of liability, a class action waiver, as well as a release and indemnification by you in Sections 2, 4, 7, 9-12, and 16. Please review those Sections (and all other terms) carefully.
4. Links to and from the Website
The Website may contain links to third-party websites and online Websites (such as social media sites) that are not owned or controlled by Chilli Coffee. Chilli Coffee has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites or online Websites. Should you access and use these websites or online Websites it is solely at your own risk. These links are provided for your reference and convenience only and do not necessarily imply any endorsement, sponsorship or recommendation of the material on these third-party websites or online Websites or any association with their operators. In addition, Chilli Coffee will not and cannot control or edit the content of any third-party website or online Website.
By using the website, you expressly release Chilli Coffee, its affiliates, and their respective officers, directors, employees, agents, shareholders, licensors, licensees, and suppliers (collectively “the Chilli Coffee Parties”) from any and all liability arising from your use of any third-party website or online website and from any loss or damage of any sort you may incur from dealing with any third-party.
Accordingly, we encourage you to be aware when you leave the Chilli Coffee Website, to read the terms and conditions of use for each other website or online Website that you visit.
Except if you otherwise agree with Chilli Coffee in writing, you may link to the Website from your website, subject to the following:
- you may not frame the Website or any portion of the Website;
- you may not override or hinder the functionality of an end-user’s Web browser’s “back” function;
- the link must be identified using a plain text rendering of the Chilli Coffee name and not any trademarked Chilli Coffee logo;
- you may not use any Chilli Coffee logo in any way and is strictly prohibited due to trademark laws;
- you may not use the link in any way that suggests that Chilli Coffee is associated with or endorses you or your website;
- the link may not appear on any website that a reasonable person may consider obscene, defamatory, harassing, offensive or malicious, and may not be presented in any way that disparages Chilli Coffee or damages its rights, reputation, or goodwill; and
- we may terminate your right to link to the Website at any time for any reason or no reason.
5. Restrictions on Use of Website
In your use of the Website, you will not:
- use the Website for any purpose other than for using the features we intentionally make available to you;
- copy, download or distribute any part of the Website in any form or medium without the prior written authorisation of Chilli Coffee;
- alter, modify or make derivative works from any part of the Website without the prior written authorisation of Chilli Coffee;
- provide false personal information;
- use web crawlers, web robots, web scutters, ants, automatic indexers, bots, worms, and other such devices in connection with the Website; provided, however, that general purpose Internet search engines and non-commercial public archives that use tools to gather information for the sole purpose of displaying hyperlinks to the Website are granted a limited exception from the foregoing exclusion, provided that they do so from a stable IP address or range of IP addresses using an easily-identifiable agent;
- use the Website in any manner that could damage, disable, overburden, or impair the Website or interfere with any other party’s use of the Website;
- obtain or attempt to obtain any content through any means not intentionally made available or provided for through the Website;
- impersonate or misrepresent any person or entity or your affiliation with someone else;
- remove, modify, disable, block, obscure or otherwise impair any advertising in connection with the Website;
- upload, email, or otherwise transmit any unsolicited or unauthorised advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or other form of solicitation;
- post, transmit or submit any information that Chilli Coffee, in its sole discretion, determines is confidential (including social security or alternate national identity numbers, sensitive personal information, non-public phone numbers or non-public email addresses), false, misleading, unlawful, infringing, threatening, abusive, harassing, libellous, defamatory, discriminatory, obscene, offensive, inflammatory, scandalous, pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate the law;
- upload, download, post, email or otherwise transmit any material that may infringe copyright, patent, trademark, trade secret, or other intellectual property or proprietary rights of any party; or
- post or transmit any worms, viruses, trojans, or other harmful, disruptive, or destructive files, code, or programs to the Website.
Chilli Coffee will fully cooperate with any law enforcement authorities or court order requesting or directing Chilli Coffee to disclose the identity of anyone violating these TOU.
We believe in children’s online safety and do not wish to receive information regarding children under thirteen (13) years old. Therefore, you may not transmit or submit any personally identifiable information of a child under thirteen (13) years old or information sufficient to locate such a child on or through the Website. If you are under thirteen (13) years of age, please do not attempt to submit any information to or use the Website.
6. Intellectual Property
Everything you see, hear, or otherwise experience on the Website, including but not limited to the text, graphics, software, photographs, scripts, software screens, design elements, artwork, templates, layout designs, interactive features and the like, the concepts and ideas underlying the Website, and all statistical, analytical, and other data captured by or through the Website (collectively, “Content”) and the trademarks, Website marks and logos contained therein (“Marks”), are owned by or licensed to Chilli Coffee, subject to copyright and other intellectual property rights under applicable laws and international conventions. Chilli Coffee owns the copyright in the selection, coordination, arrangement and enhancement of the Content. Any unauthorised use of any materials on the Website or use of the Marks may violate copyright, trademark, and other laws. Chilli Coffee and the Chilli Coffee logo are registered trademarks of Chilli Coffee.
For your personal use, you may view, copy, and print pages from the Website. Otherwise, the Website may not be copied, downloaded, modified, reproduced, distributed, published, performed, streamed, transmitted, broadcasted, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever, except as expressly permitted by Chilli Coffee. Chilli Coffee reserves all rights not expressly granted in and to the Website, the Content, and the Marks. You agree not to use, copy, download, or distribute any of the Content other than as expressly permitted herein. You may not incorporate the Content into, or stream or transmit the Content via any hardware or software application or make it available via frames or in-line links, except as expressly permitted by Chilli Coffee. You may not create, recreate, advertise or distribute an index of a significant portion of the Content unless authorised in writing by us. You may not build a business using the Content, whether or not for profit. If you copy or print pages of the Content for personal use, you must retain all copyright and other proprietary notices contained therein. You agree not to circumvent, disable or otherwise interfere with security-related features of the Website or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Website or the Content therein, nor may you scrape or use any extraction methods to obtain any Content or data from the Website.
You will not, and will not permit others to, license, sub-licence, sell, resell, transfer, assign, distribute, or otherwise commercially exploit or make available to any third party, all or any part of the rights granted to you under these TOU, the Website, or any content or materials accessible through the Website, in whole or part, except as expressly permitted by Chilli Coffee.
7. User Submissions
You may submit feedback, notes, messages, ideas, concepts, know-how, techniques, or other communications you transmit, upload, or post to the Website (“User Submissions”) on the Website, via forms and/or email correspondence where this feature is made available. By submitting any such materials to the Website, you represent and warrant that you will not submit or post material that is copyrighted, protected by trade secret or otherwise subject to third-party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to submit or post the material and to grant Chilli Coffee all of the license rights granted herein. In addition, you agree to pay for all royalties, fees, and other payments owed to any party by reason of your posting or submitting User Submissions. Chilli Coffee expressly disclaims any and all liability in connection with user submissions.
On Chilli Coffee’s social media sites, you further represent and warrant that you have the permission of any individuals depicted in photographs, videos or recordings that you submit to the Website to use their likeness and/or voice, as well as all other legal rights necessary to grant the license below to Chilli Coffee.
If you submit any User Submissions to Chilli Coffee, you hereby grant a non-exclusive, royalty-free, perpetual right and license to Chilli Coffee and its affiliates to use, reproduce, distribute, display, transmit, publish, modify, edit and/or create derivative works from the User Submissions in any format, including without limitation coding or watermarking such User Submissions, on the Website and in related promotional materials provided in any medium, forum or format, for any purpose of Chilli Coffee or its affiliates in their sole discretion.
You also agree that immediately upon the creation by or on behalf of Chilli Coffee of any derivative works from, modifications, edits or other changes to the User Submissions (the “Modified Content”), the Modified Content will become the sole and exclusive property of Chilli Coffee and that we will own the entire right, title and interest in and to the Modified Content, including the right to secure copyright registration for the Modified Content and to otherwise use the Modified Content for any purpose as determined by Chilli Coffee in its sole discretion. You hereby grant, assign, transfer and convey any and all right, title or interest you have or may be deemed to have in and to the Modified Content to Chilli Coffee.
- does not pay any compensation for User Submissions; and
- is under no obligation to respond to or post any User Submissions.
You agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against the Chilli Coffee parties with respect to user submissions, and agree to indemnify and hold the Chilli Coffee parties harmless to the fullest extent allowed by law regarding all matters related to your use of the website.
You warrant and represent to Chilli Coffee as set out below:
- The information provided to Chilli Coffee in any registration screen, profile, email, telephone call or through other means including all personal details, contact details and all other data provided to Chilli Coffee, is true in all respects, up-to-date and not misleading.
- You will not access the Website under false identity or pretext and will not use it to falsify your or any other person’s identity.
- You will use the Website lawfully and in good faith.
You agree that your use of the website will be at your sole risk. Chilli Coffee has attempted to make the website and the content as timely and accurate as possible, but because errors may occur, the website and content are provided on an “as is” basis. The Chilli Coffee parties give no warranty and make no representation in relation to the website or the content. The chilli coffee parties expressly disclaim to the fullest extent permitted by law and you waive any representation or warranty express, implied, statutory, that may be implied by these TOU, by custom, or by law or otherwise and which is not expressly set out herein, including any implied warranties of availability of the website, non-disruption, security, accuracy, the use of reasonable care and skill, quality, merchantability, title or entitlement, fitness for a particular purpose, ability to achieve a particular result or functionality and non-infringement of third-party rights as well as warranties arising by usage of trade, course of dealing, and course of performance on the part of the chilli coffee parties relating to the website and, the content, and any agreement with a third-party.
Without limiting the foregoing, the Chilli Coffee parties do not represent or warrant that the information on the website is accurate, complete or current:
- that the website will operate without interruption or error;
- that the quality, safety or legality of any content, products, website, information or other material purchased or obtained by you through the website or agreements you enter with third parties such as advertisers will meet your expectations;
- that the website will operate in combination with other hardware, software, systems or data not provided by Chilli Coffee; or
- that website errors will be corrected.
The Chilli Coffee parties assume no liability or responsibility for any:
- errors, mistakes, or inaccuracies of content;
- personal injury or property damage, of any nature whatsoever (including, without limitation, data loss or corruption), resulting from your access to and use of the website;
- unauthorised access to or use of our servers and/or any and all personal information, content, and/or information stored therein;
- interruption or cessation of transmission to or from the website;
- bugs, viruses, trojan horses, destructive computer codes, or the like which may be transmitted to or through the website by any third-party; and/or
- loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available via the website.
You agree to indemnify, defend and hold harmless the Chilli Coffee Parties from and against any claim, loss, obligation, demand, damage, cost, liability, expense, and solicitor fees arising to any of the Chilli Coffee Parties as a result of any claim, demand or proceedings brought or threatened against the Chilli Coffee Parties in connection with:
- your use of, access to, or misuse of the website;
- your breach of any of these TOU;
- your violation of any third-party right, including without limitation any copyright, property, or privacy right;
- any claim that any of your user submissions caused damage to an indemnified party or a third-party;
- any transaction you conduct as a result of the contact facilitated by the website; or
- any activity using your email address by you or any other person accessing the website using your email address.
If the Chilli Coffee Parties take any legal action against you as a result of your violation of these TOU, the Chilli Coffee Parties will be entitled to recover from you, and you agree to pay, all reasonable attorneys’ fees and costs of such action, in addition to any other relief granted to Chilli Coffee.
11. Limitations on Liability
In no event will the Chilli Coffee Parties be liable to you or any third-party for any direct, indirect, incidental, special, punitive, or consequential damages whatsoever resulting from the website or third-party products or websites, under these TOU or in connection with their performance or breach, or in connection with any warranties hereunder, or in connection with the website, including for their negligence, for any indirect, incidental, consequential or special damages, including any loss of profits or savings or anticipated profits or savings, data, opportunity, reputation, goodwill or business, even if the Chilli Coffee Parties have been advised of the possibility of such damages in advance.
The Chilli Coffee Parties will have no liability whatsoever for any damage, liability or loss that you may incur, or for any other undesirable consequences, resulting from:
- any suspension or disruption of the website, including where such suspension or disruption results from Chilli Coffee’s negligence;
- any errors, mistakes, or inaccuracies of content;
- personal injury or property damage, of any nature whatsoever, resulting from your access to and use of the website;
- unauthorised access to or use of the Chilli Coffee Parties’ servers and/or any and all information stored therein;
- interruption or cessation of transmission to or from the website;
- inadequate or faulty hardware operating the website;
- bugs, viruses, trojan horses, or the like, which may be transmitted to or through the website by any third-party;
- user content, third-party websites or apps;
- errors or omissions in any content; or
- any loss or damage of any kind incurred as a result of your use of any content wherein such content or advertisement is posted, emailed, transmitted, or otherwise made available via the website, whether based on warranty, contract, tort, or any other legal theory, and whether or not the Chilli Coffee Parties are advised of the possibility of such damages. The foregoing limitations of liability will apply to the fullest extent permitted by law in the applicable jurisdiction.
The Chilli Coffee Parties will have no liability whatsoever for any damage, liability or loss that you or any other person may incur, or for any other undesirable consequences, resulting from your breach of your warranties or other obligations under these TOU including, without limitation, the obligation to avoid sharing your email account information with any other person.
The Chilli Coffee Parties’ maximum aggregate liability for any single event (or a series of related events) giving rise to a claim in connection with these TOU or in relation to the website, either for breach of contract, breach of warranty, misrepresentation or negligence will be limited to the amount paid by you to Chilli Coffee, if any, in the preceding three (3) months before the occurrence of the event giving rise to Chilli Coffee’s liability.
By accessing the website, you understand that you may be waiving rights with respect to claims that are at this time unknown or unsuspected and in accordance with such waiver, you acknowledge that you have read and understand and hereby expressly waive, the benefits as per any law of any state or territory, which provides as follows: “a general release does not extend to claims which the creditor does not know or suspect to exist in his favour at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.”
Any claims relating to use of the Website must be bought within three months (3) from the date the cause of action arose. Claims brought after such period are VOID.
12. Basis of the Bargain
You acknowledge and agree that Chilli Coffee has offered its website and entered into these TOU in reliance upon the warranty disclaimers and the limitations of liability set forth herein, that the warranty disclaimers and the limitations of liability set forth herein reflect a reasonable and fair allocation of risk between you and the Chilli Coffee Parties and that the warranty disclaimers and the limitations of liability set forth herein form an essential basis of the bargain between you and Chilli Coffee. Chilli Coffee would not be able to provide the website to you on an economically reasonable basis without these limitations.
13. Equitable Relief
If you violate these TOU, we may seek injunctive relief or other equitable relief.
14. Subpoena Fees
If Chilli Coffee has to provide information in response to a subpoena related to your use of the Website, then we may charge you for our costs. These costs may include solicitor and employee time spent retrieving records, preparing documents and participating in any deposition.
These TOU, and any rights and licenses granted hereunder, may be transferred or assigned by you only with Chilli Coffee’s prior written consent, but may be assigned by Chilli Coffee without restriction and without notice to you.
16. Class Action Waiver
Any dispute resolution proceedings will be conducted only on an individual basis and not in a class or representative action or as a named or unnamed member in a class, consolidated, representative or private attorney general legal action. Your access and continued use of the website signify your explicit consent to this waiver.
These TOU govern your use of the Website and Content. If any provision of these TOU is held by a court or other tribunal of competent jurisdiction, to be invalid, void, or unenforceable, such provision will be limited or eliminated to the minimum extent necessary and replaced with a valid provision that best embodies the intent of these TOU, so that these TOU will remain in full force and effect. You agree that the Website will be deemed solely based in Brisbane, Queensland, Australia and the Website will be deemed a passive Website that does not give rise to personal jurisdiction over Chilli Coffee in jurisdictions other than Brisbane, Queensland, Australia. These TOU are governed by the State of Queensland and the laws of Australia applicable therein, without regard to conflict of law provisions, and the parties submit to the exclusive jurisdiction of the courts of Queensland, Australia in relation to any dispute between them arising out of the subject matter of these TOU.