TERMS OF SERVICE

Chilli Kanon Website Terms of Use

These terms and conditions (Terms) apply to your use of the Chilli Kanon (Chilli Kanon, we, us, our) website which can be found at www.chillikanon.com (Website).  These Terms should be read in conjunction with the Chilli Kanon Product Order Terms which can be accessed at www.chillikanon.com.

By using the Website, you agree to be bound by these Terms, and if you do not agree to these Terms, then you must not use the Website.

By accessing this Website, you warrant and represent to Chilli Kanon that you are legally entitled to do so.

We may amend these Terms from time to time, without providing notice to you, by posting an updated version of the Terms on the Website.  You should regularly check these Terms for any amendments.  If these Terms are amended, you must comply with the updated Terms.  If you do not agree to the updated Terms, you must immediately cease using the Website.

Capitalised terms used in these Terms are defined in the 'Interpretation' section at the end of the Terms and throughout the Terms (as applicable).

Licence

All copyright and other intellectual property rights in the Website (including all trademarks appearing on the Website) are owned by us and/or our licensors. 

We grant you a revocable, non-transferable, non-exclusive licence to use the Website on your Device for your own purposes, and to download and print out a copy of the information available from the Website for your own personal use.

You must not (and must not attempt to):

(a)   except as permitted by the licence set out above, use or copy any part of the Website without our prior written consent;

(b)   distribute, translate, modify or tamper with, any part of the Website;

(c)   create derivative works of or from any part of the Website;

(d)   sell, rent, lease, sub-license, assign, exchange or otherwise transfer your rights under these Terms; or

(e)   permit or assist any person to engage in any act described in paragraphs (a) to (d) above.

Accessing Website

You must provide your own internet access and Device in order to use the Website.  You are responsible for all internet access, data download and other network charges arising from your use of the Website and you acknowledge and agree that we have no responsibility or liability for those charges. 

You are responsible for the operation and maintenance of your Device and for ensuring that the Website is accessible from your Device, this includes but is not limited to a responsibility to ensure the installation of a compatible operating system for the operation and use of the Website on your Device.

To access some features of the Website, you must register an account with us (Account).  To register for an Account, you must provide us with accurate and current personal information including your name, address, and a valid email address.  You must not register more than one Account. We may decline to provide you with login details or a password or to permit you to register login details or a password for the Website in our sole discretion. You must keep your login details and password for the Website confidential, and not disclose them to any person, or authorise or permit any other person to use the Website using your login details or password.

You are solely responsible for the activity that occurs on your Account (including orders placed or purchases made using your Account), and you must keep your Account password secure. We are not responsible for any unauthorised activity on your Account, including if you fail to keep your Account login information secure. We may refer fraudulent or abusive or illegal activity to the relevant authorities.

You must not use another person’s Account without our, and/or the other person’s express permission. If you suspect or become aware of any unauthorised use of your Account or that your password is no longer secure, please contact us immediately and take immediate steps to re-secure your Account (including by changing your password).

We are under no obligation to monitor any transmissions made or content submitted or (where applicable) published using the Website.  However, we have the right to monitor, edit, disclose, delete and (where applicable) refuse to transmit or post any such transmissions and content.

Performance of the Website

We will use reasonable endeavours to generally make the Website available during our normal business hours.  However, the availability of the Website depends on various third party suppliers of both you and us, and accordingly, we do not warrant or guarantee that:

(a)   you will be able to use the Website at any time; or

(b)   your use of the Website will be continuous, uninterrupted, secure or error-free.

You acknowledge and agree that the Website may not be available for use from time to time, and that you may be disconnected from your use of the Website at any time for any reason, including if:

(a)   any network connection difficulties occur;

(b)   the systems providing those services are unavailable for any reason (including so that maintenance can be performed);

(c)   you breach any of these Terms; or

(d)   we decide to terminate your access to those services for any reason.

We make no guarantee as to the reliability or performance of the Website.  The performance of the Website depends on various factors, including the functions, capacity and configuration of your Device, the speed of your internet connection, and the number of users accessing the Website and the systems that support it.

The information available through the Website is subject to updates from time to time and, while we aim to ensure that it is up-to-date, there may be delays, errors or omissions that could affect its currency or accuracy.  Accordingly, we cannot and do not warrant or guarantee that the information you obtain through the Website is or will be current, complete or accurate at all times.  You acknowledge and agree that you will make your own enquiries to determine whether the information you obtain through the Website is current, complete and accurate before using it.  Subject to the section headed 'Consumer Guarantees' in the Product Order Terms, we are not responsible for any Loss you suffer or incur as a result of your failure to comply with this paragraph.

Your obligations

You must not use (or attempt to use) the Website:

(a)   for any unlawful or dishonest activity, or any activity prohibited by these Terms;

(b)   to access, transmit, publish or communicate material which:

(i)         is false, inaccurate, defamatory, offensive, inflammatory, obscene, unsuitable for minors, abusive, indecent, threatening, or otherwise unlawful;

(ii)        is xenophobic, racist, abusive, harassing or hateful;

(iii)       is invasive of a person’s privacy or constitutes personal abuse directed at other users;

(iv)       constitutes spam, commercial advertising, the promotion of gambling or the promotion of your own site, business or organisation;

(v)        contains a virus or other harmful code;

(vi)       infringes a person's copyright or other rights (including any other intellectual property rights); or

(vii)      contains links to other sites that contain or promote the material identified in paragraphs (i) to (v) above;

(c)   to obtain unauthorised access to (or damage, disrupt or interfere with the operation of) any computer, system, application, network or service;

(d)   to transmit, publish or communicate bulk and/or unsolicited messages;

(e)   in any way that may bring negative exposure or harm to us, our suppliers or other users of the Website; or

(f)    in any way that may cause us, our suppliers or other users of the Website to incur liability to a third party.

We may ask you to cease any conduct which we believe is contrary to your obligations under these Terms, and you must immediately comply with any such request.  We may immediately terminate and block your access to the Website or the services provided by the Website for any reason, in our discretion.

Security

To use the Website and its features as intended, you must:

(a)   enable the Website to use cookies; and

(b)   grant it any other permissions and access to your Device that it requires from time to time.

If you do not grant these permissions and this access, you may be unable to use the Website or some of its features.

The Website uses the internet to provide services and information.  By using the Website, you acknowledge and agree to accept all risks associated with using the internet, including the potential exposure to viruses and harmful code which may affect your Device.

We do not warrant or guarantee the security of the Website.  You are solely responsible for the security of your Device (including any data stored on that Device) and for using appropriate and up-to-date software on your Device to detect and manage the threat posed by viruses and other harmful code.

Liability

You acknowledge and agree that your access to, and use of, the Website is at your own risk.

To the extent permitted by law, we exclude from these Terms all representations, guarantees, conditions, warranties, rights, remedies, liabilities and other terms that may be conferred or implied by statute, general law or custom (except any guarantee or right conferred under any legislation (including the Australian Consumer Law), the exclusion of which would contravene legislation or cause part or all of this clause to be void).

Except for any liability under the Consumer Guarantees, we exclude all responsibility and liability arising from or in connection with your use of the Website, including, without limitation:

(a)   any and all actual or anticipated loss of profits, revenue, goodwill, savings, data, business opportunity, or expectation, and any and all indirect, special, consequential, punitive or exemplary Losses; and

(b)   any other Losses.

Privacy

When you use our Website, we will collect your personal information from you.  We may disclose your personal information to our third party service providers to enable us to provide the goods and services to you. We do not disclose your personal information to third party service providers who are located overseas. Our Privacy Policy explains more about the types of personal information we usually collect and how we handle your personal information, as well as how you can request access to and correct the personal information we hold about you, how you can complain about our handling of your personal information and how we deal with complaints.  

If you use the Website, the information that we may collect and store may include, without limitation:

(a)   the type of operating system and/or other software or firmware used by your Device;

(b)   the data you send and receive using the Website, and the type and quantity of that data;

(c)   the dates on which and times at which you use the Website; and

(d)   the IP and MAC address of your Device.

You represent and warrant to us that the personal information you provide to us is complete and accurate.

Third party links

The Website may contain links to other websites over which we have no control.  Those links are provided for your convenience only, and we are not responsible for their use, effect or content.  We make no representations or warranties as to, and accept no responsibility for, the accuracy of information on those websites, nor do we endorse any information, opinions, goods or services referred to on them.

Suspension, withdrawal of or changes to the Website

We reserve the right to:

(a)   suspend your use of, or withdraw, the Website and/or any of its features or components; and

(b)   add to, amend, remove, or disable access to, any part of the Website and/or any of its features or components,

in each case at any time and for any reason, without notice to you. 

If requested by us, you must immediately:

(a)   cease use of the Website; and/or

(b)   destroy, expunge, disable or restrict access to any information from the Website that you have printed or downloaded, and any information derived or generated from that information.

User Feedback/Submission

If you submit any content to us (eg creative ideas, proposals, plans etc), feedback or other suggestions, either by post, email or online, you agree that Chilli Kanon:

(a)   is under no obligation to treat that content, feedback or suggestion as confidential;

(b)   is under no obligation pay compensation for that content, feedback or suggestion;

(c)   has the right to edit, copy or distribute that content, feedback or suggestion;

(d)   has the right to edit or remove any content, feedback or suggestion that we determine is unlawful, defensive or threatening.

You agree that Chilli Kanon will own any intellectual property rights in or arising from any feedback, and you assign any intellectual property rights you have in feedback you provide to Chilli Kanon.

Miscellaneous

We do not waive a right, power or remedy in connection with these Terms if we fail to exercise or delay in exercising the right, power or remedy.

These Terms are governed by the laws of Queensland, Australia.  You submit to the non-exclusive jurisdiction of the courts of Queensland, Australia and the courts having appeal from them.

Interpretation

In these Terms:

(a)   Australian Consumer Law has the meaning given to that term in section 4 of the Competition and Consumer Act 2010 (Cth), as amended, replaced or superseded from time to time;

(b)   Consumer has the meaning given to that term by section 3 of the Australian Consumer Law;

(c)   Consumer Guarantees means statutory guarantees conferred to a Consumer in relation to the supply of goods or services;

(d)   Device means your own internet-enabled device that is compatible with the Website and has a current and working internet connection;

(e)   Loss means any liabilities, losses, damages, costs and expenses (including legal costs and expenses, regardless of whether incurred or awarded) arising in contract, tort (including negligence) or otherwise, and Losses has a corresponding meaning; and

(f)    Privacy Policy means our privacy policy, as amended from time to time and published at www.chillikanon.com (or any replacement web page from time to time).

Dated: December 2021