Please read these terms of service (“terms”, “terms of service”) carefully before using www.blacksmithscafe.com.au website (the “service”) operated by Blacksmiths Cafe (“us”, ‘we”, “our”). By accessing, browsing and/or using the Blacksmiths Cafe website, you agree to the following terms and conditions:
CONDITIONS OF USE
We will provide their services to you, which are subject to the conditions stated below in this document. Every time you visit this website, use its services or make a purchase, you accept the following conditions. This is why we urge you to read them carefully.
Blacksmiths Cafe (ABN: 76 218 771 095) [“We”, “Our”] attempts to ensure that the contents of the Blacksmiths Cafe website are accurate and current at the time they are published. Prices of goods and services, postage and handling fees, and other charges displayed on the Website are current at the time of display and are subject to variation without notice. We will always attempt to be as accurate as possible with our product descriptions and other product information. However, we are unable to warrant that product descriptions or other content of the Website is accurate, complete, reliable, current or error free.
It is a condition of the person/s accessing, browsing and/or using the Blacksmiths Cafe Website, [“You”, “Your”] that You accept that We will not be liable under any circumstances for any action you take relying on the information on this Website or using any service which is accessible using this Website. You expressly agree that your use of the Blacksmiths Cafe Website is at your own risk.
We assume no liability for the contents of any other Websites that you may access from the Blacksmiths Cafe Website.
We exclude all liability whether in contract, tort (including liability for negligence) or otherwise for the accuracy, suitability, quality or completeness of any content or goods and services, available on or through using the Blacksmiths Cafe website. To the extent that we are prohibited at law from excluding our liability, we limit our liability to the extent permitted by law to resupplying the material, goods or the relevant service as the case may be.
Any information provided on Blacksmiths Cafe website is not professional advice and is for the purpose of general knowledge only.
The entire communication with us is electronic. Every time you send us an email or visit our website, you are going to be communicating with us. You hereby consent to receive communications from us. If you subscribe to the news on our website, you are going to receive regular emails from us. We will continue to communicate with you by posting news and notices on our website and by sending you emails. You also agree that all notices, disclosures, agreements and other communications we provide to you electronically meet the legal requirements that such communications be in writing.
Content published on this website (digital downloads, images, texts, graphics, logos) is the property of Blacksmiths Cafe. Unless otherwise stated, Blacksmiths Cafe owns or has a valid licence to use all copyright in the content of the Site and trademarks used on the Site. You must not modify, copy, adapt, store in a retrieval system, reproduce, upload, post, transmit, sell, frame or embed in another website or distribute in any way any content contained on or in the Site and owned or licensed by Blacksmiths Cafe, except as expressly approved by us in writing or as permitted under the Copyright Act 1968 (Cth). We grant you permission to do the following with the material on the Site:
• store a reproduction of the material on your local computer for the sole purpose of viewing the material; and
• print hard copies of material for your personal information, but not commercial use
This Blacksmiths Cafe Website is copyright © 2020 All rights reserved. Our Australian Business Number (ABN) is 76 218 771 095.
GUARANTEES AND WARRANTIES
We provide the Site on an “as is” basis without any express or implied warranty of any kind. While we exercise all due care and precautions, Blacksmiths Cafe cannot and does not guarantee or warrant that files available for downloading through the Site or delivered via electronic mail will be free of infection, viruses, defects, harmful components or any other codes that may have contaminating or destructive properties. You are responsible for implementing procedures that satisfy their requirements for accuracy of data input and output, and for maintaining a means external to the Site to reconstruct any lost data. In compiling content for the Site, Blacksmiths Cafe relies on information supplied by a number of external sources. Content on the Site is supplied on the basis that while Blacksmiths Cafe believes that all the information in it will be correct at the time of publication, we do not warrant the accuracy or completeness of such information. Where any legislation such as the Trade Practices Act (1974) (Cth) implies into this agreement any condition or warranty and that legislation voids or prohibits conditions in a contract excluding the application of the conditional warranty, the liability of Blacksmiths Cafe for any breach of the condition or warranty is limited to, at Blacksmiths Cafe’s option either:
• the resupply of the goods; or
• the reasonable cost of having the goods resupplied
If any part of this agreement is deemed invalid, that part will be severed from this agreement and the remainder of this agreement will continue to be valid and enforceable.
COMMENTS, REVIEWS, AND EMAILS
Visitors may post content as long as it is not obscene, illegal, defamatory, threatening, infringing of intellectual property rights, invasive of privacy or injurious in any other way to third parties. Content has to be free of software viruses, political campaign, and commercial solicitation.
We reserve all rights (but not the obligation) to remove and/or edit such content. When you post your content, you grant Blacksmiths Cafe non-exclusive, royalty-free and irrevocable right to use, reproduce, publish, modify such content throughout the world in any media.
If you are an owner of an account on this website, you are solely responsible for maintaining the confidentiality of your private user details (username and password). You are responsible for all activities that occur under your account or password.
We reserve all rights to terminate accounts, edit or remove content and cancel orders in their sole discretion.
We welcome your feedback regarding our Site. If you provide feedback or send comments to us, you agree that Blacksmiths Cafe is permitted to reproduce, transmit, distribute, create derivate works of, and publicly display any information that you submit to us.
These Terms & Conditions and Your use of the Blacksmiths Cafe Website are governed by the laws of South Australia. You agree to submit to the non-exclusive jurisdiction of the Court of South Australia.
By visiting this website, you agree that the laws of Australia, without regard to principles of conflict laws, will govern these terms of service, or any dispute of any sort that might come between Blacksmiths Cafe and you, or its business partners and associates.
Any dispute related in any way to your visit to this website or to products you purchase from us shall be arbitrated by state or federal court of South Australia and you consent to exclusive jurisdiction and venue of such courts.
We reserve the right to vary these terms and conditions from time to time. Such variations will become effective immediately upon publishing the new terms and conditions on the Blacksmiths Cafe Website. By continuing to access or use the Blacksmiths Cafe Website You will be deemed to accept all such variations. A copy of our current Terms and Conditions is displayed on the Site at all times.
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