Terms of Use

Acceptance and Modification of Terms

Your access and use of the website (the “Site”) of Mad Coffee Capsules Pty Ltd ACN 165 560 010 (“MCC”) which includes MCC affiliated companies, are governed by these Terms of Use. Throughout this Site, the terms “we”, “us” and “our” refer to MCC and its affiliated companies.  By accessing, browsing and using our Site you acknowledge that you have read, understood and accepted, without reserve, these Terms of Use, as modified from time to time by us.

If we decide to modify our Terms of Use, we will post a new dated version on our Site. Therefore, we invite you to consult these Terms of Use from time to time in order to familiarise yourself with any changes.

Copyright and Intellectual Property

The content of our Site and namely but not exclusively the texts, marks, logos, diagrams, photographs, videos, sounds, music, layout, designs, know-how, technologies, products, and processes are the property of MCC or its affiliated companies or are used with the authorisation of the owners, and accordingly are protected by copyright, trademarks, patents and all other intellectual or industrial property rights which exist under applicable law.

Except as provided in Section 3 hereinafter, nothing contained on our Site shall be interpreted or construed as granting you a license or a right to use any such content of our Site.

Use of the Site

You may download, display or print the content of our Site solely for personal, non-commercial use, thereby retaining and reproducing each and every copyright notice or other proprietary rights notice contained in any information or other material you download. Any other use, including the reproduction, modification, distribution, transmission, or broadcast of the content of the Site, in whole or in part and by any means, is strictly prohibited, except with our prior written consent.

We neither warrant nor represent that your use of any content displayed on this Site will not infringe rights of third parties.

Information Deemed Non-Confidential

Any personally identifying data and information that you may send via the Internet to our Site are protected and treated according to our Privacy Policy. We invite you to read such Privacy Policy carefully before providing us with any such personally identifying data and information.

Any other information or material communicated to us through the Internet, by electronic mail or otherwise, including any data, questions, comments, suggestions, ideas, graphics or the like, are and will be treated as non-confidential and non-proprietary. Anything you transmit or post becomes our property and may be freely used for any purpose, including, but not limited to, reproduction, disclosure, transmission, publication, broadcast and posting. Specifically, we are free to use any ideas, concepts, know-how, or techniques contained in any such communication you send to the Site for any purpose whatsoever, including, but not limited to, developing, manufacturing, advertising and marketing products using such information. Any such use is without compensation to those providing the information, nor anyone else.

By submitting information, you are warranting that you own the material/content submitted, that it is not defamatory, and that our use will not violate any third party’s rights. We are under no obligation to use the information provided.

Disclaimer of Warranties

Without prejudice to any other provision in these Terms of Use, any material, information and all that you find on the Site are furnished to you “as is”, in function of their availability, and without guaranty of any sort, express or implied, including, among others, the implied warranty of merchantibility, or fitness for any particular purpose.

We do not guarantee that our Site or its content will correspond to your expectations, will not be interrupted, timely, secure and free of error.

Some jurisdictions may not allow certain limitations of warranties, so some of the above exclusions may not apply to you.

Any advise or information, be it oral or written, obtained from us or during the use of services made available on the Site, shall not give rise to any guarantees which are not expressly provided for in the present Terms of Use.

Limitation of Liability

You access, use, browse and navigate on our Site at your own risk and peril.

You recognise and accept that, to the fullest extent permitted by applicable regulations, neither us, any of our affiliated companies, nor any other party involved in creating, producing or delivering the websites, may be held liable for any direct, indirect, or consequential damages, any injury to reputation, costs, losses, decrease in turnover or profits or liabilities of any nature whatsoever (even if the advent of such damage was known or could have been known by us), capable of arising from your access to, or use of, or on the contrary the impossibility to use, the websites or their content.

All materials which are downloaded or obtained by any other manner during the use of our websites are at your own risk and peril. We assume no liability for any damage or virus which could affect your computer equipment or other property by reason of your access to, use or downloading of any material from its websites or for any illegal intrusion or intervention in the it systems.

We reserve the right to interrupt or discontinue any or all of the functionality of our Site. We accept no responsibility or liability whatsoever for any interruption or discontinuance of any or all functionality of our Site resulting from actions or omissions of us or any third party.

Change of Information

The content of our Site may contain inaccuracies or errors. We reserve the right to make changes, corrections and/or improvements to such content any time without prior notice but does not assume any responsibility to do so.

Availability of Products / Services

Our Site may contain information on our worldwide products and services, not all of which are available in every location. A reference to a any product or service on the Site does not imply that such product or service is or will be available at your location.

Links

As a service to our visitors, our Site may contain hypertext links leading to other websites that are not operated or controlled by us. We shall not be considered as responsible for these sites and declines all responsibility and liability in relation to their content, legality, accuracy or functions.

The creation of any hyperlink to our Site is prohibited without our prior written consent.

Miscellaneous

The present Terms of Use embody the entire agreement concluded between us and yourself concerning the access and the use of the Site and its content. Any other terms or conditions issued by us and governing its relations with you, in particular relating to any service or purchase of product, shall supplement the Terms of Use.  If there is any inconsistency between them, the other terms or conditions shall prevail over these Terms of Use.

If we tolerate a violation by you of one of the obligations set out in the Terms of Use, or do not enforce a right attributed to us thereunder or under the law, this shall not be construed as a waiver by us to invoke and enforce our rights.

If any part of these Terms of Use is considered to be illegal by law or regulation, existing or future, or by a court ruling, then such provision shall be considered as stricken, all other provisions of the Terms of Use maintaining full force and effect between you and us.

The headings of the provisions of the Terms of Use are for convenience alone and shall not alter or modify the terms and conditions in any manner.

These Terms of Use are governed by the laws of New South Wales, Australia.