Terms of Use BOBARISTA.CLUB

Bobarista.Club Terms of Service

Effective Date: July 1, 2024

Welcome to Bobarista.Club! These Terms of Service ("Terms") govern your use of our website located at https://www.bobarista.club/  ("Site") and the services provided by Bobarista.Club ("we," "us," or "our"). By accessing or using our Site and services, you agree to be bound by these Terms. If you do not agree to these Terms, please do not use our Site or services.

1. Use of the Site and Services

1.1 Eligibility: You must be at least 13 years old or the age of majority in your jurisdiction to use our Site and services. By using our Site and services, you represent and warrant that you meet these eligibility requirements.

1.2 Account Registration: To access certain features of our Site, you may need to register for an account. You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate, current, and complete. You are responsible for safeguarding your password and any activities or actions under your account.

1.3  Rules For User Conduct And Use Of The Service: You need to be at least 13 years old to register for and use the Service. If you are a user who signs up for the Service, you will create a personalized account that includes a unique username and a password to access the Service and to receive messages from the Company. You agree to notify us immediately of any unauthorized use of your password and/or account. The Company will not be responsible for any liabilities, losses, or damages arising out of the unauthorized use of your member name, password, and/or account.

1.4 USER RESTRICTIONS

IF YOU ARE UNDER THE LEGAL AGE OF MAJORITY (A “MINOR”) IN YOUR JURISDICTION OR STATE OF RESIDENCE, BEFORE PURCHASING GOODS OR USING THE SERVICES, YOUR PARENT OR LEGAL GUARDIAN MUST READ AND CONSENT TO THE TERMS. BY PERMITTING A MINOR TO MAKE PURCHASES OR USE THE SERVICES, A MINOR’S PARENT OR GUARDIAN BECOMES SUBJECT TO THE TERMS AND AGREES TO BE RESPONSIBLE FOR THE MINOR’S ACTIVITIES ON THE SERVICES.

2. Intellectual Property

2.1 Ownership: All content, design elements, and creative materials on our Site, including but not limited to text, graphics, logos, images, and software, are the property of Bobarista.Club or its licensors and are protected by international copyright, trademark, and other intellectual property laws.

2.2 Use Restrictions: You may not use, reproduce, distribute, modify, or create derivative works from any content on our Site without our prior written consent.

2.3 Intellectual Property: You acknowledge and agree that we and our licensors retain ownership of all intellectual property rights of any kind related to the Service, including applicable copyrights, trademarks and other proprietary rights. Other product and company names that are mentioned on the Service may be trademarks of their respective owners. We reserve all rights that are not expressly granted to you under these Terms of Use.

3. Orders and Payments

3.1 Product Availability: All products and services offered on our Site are subject to availability. We reserve the right to limit the quantity of products we supply, discontinue any product, or refuse any order at any time.

3.2 Pricing and Payment: All prices are listed in AUD (Australian Dollar) and are subject to change without notice. Payment must be made at the time of order placement. We accept various payment methods as indicated on our Site.

4. Shipping and Returns

4.1 Shipping: We ship products internationally. Shipping costs and delivery times will vary based on the destination and shipping method selected.

4.2 Returns: Except when required by law, all product and commission fees are non-refundable.

5. Limitation of Liability

To the maximum extent permitted by applicable law, Bobarista.Club and its affiliates, officers, directors, employees, agents, and licensors shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of goods, profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses, resulting from (i) your use or inability to use the Site or services; (ii) any unauthorized access to or use of our servers and/or any personal information stored therein; (iii) any bugs, viruses, trojan horses, or the like that may be transmitted to or through our Site by any third party; (iv) any errors or omissions in any content or for any loss or damage incurred as a result of your use of any content posted, emailed, transmitted, or otherwise made available through the Site; and/or (v) the defamatory, offensive, or illegal conduct of any third party.

6. Arbitration

6.1 Agreement to Arbitrate: Any dispute arising out of or relating to these Terms or the use of our Site or services will be resolved through binding arbitration, rather than in court, except for matters that may be taken to small claims court.

6.2 Arbitration Rules: The arbitration will be conducted by the International Chamber of Commerce (ICC) under its rules, including the ICC's Supplementary Procedures for Consumer-Related Disputes. The arbitration will be conducted in Australia.

6.3 Arbitration Fees: Each party will be responsible for their own arbitration fees and costs unless otherwise required by the ICC rules.

7. Disclaimer Of Warranty

THESE SERVICES AND GOODS ARE PROVIDED BY OUR COMPANY, "Bobarista.Club", ON AN “AS IS” AND “AS AVAILABLE” BASIS. COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THEIR SERVICES, OR THE INFORMATION, CONTENT OR MATERIALS INCLUDED THEREIN. YOU EXPRESSLY AGREE THAT YOUR USE OF THESE SERVICES, THEIR CONTENT, AND ANY SERVICES OR ITEMS OBTAINED FROM US IS AT YOUR SOLE RISK.

NEITHER COMPANY NOR ANY PERSON ASSOCIATED WITH COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SERVICES. WITHOUT LIMITING THE FOREGOING, NEITHER COMPANY NOR ANYONE ASSOCIATED WITH COMPANY REPRESENTS OR WARRANTS THAT THE SERVICES, THEIR CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES WILL BE ACCURATE, RELIABLE, AND THAT DEFECTS WILL BE CORRECTED.

COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

8. Governing Law

8.1 These Terms shall be governed and construed in accordance with LOCAL LAWS without regard to its conflict of law provisions.

8.2 These Terms constitute the entire agreement between us regarding our Service and supersede and replace any prior agreements we might have had between us regarding Service. Information on the ICC in Australia can be found at https://www.australianchamber.com.au/international/icc-dispute-resolution-services/. 

9. Changes to the Terms

We reserve the right to modify these Terms at any time. If we make changes, we will notify you by revising the effective date at the top of these Terms. Your continued use of our Site and services after the effective date constitutes your acceptance of the amended Terms.

9.1 General Terms: We may assign or delegate these Terms of Service and/or our Privacy Policy, in whole or in part, to any person or entity at any time with or without your consent. You may not assign or delegate any rights or obligations under the Terms of Service or Privacy Policy without our prior written consent, and any unauthorized assignment or delegation by you is void.

YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF USE, UNDERSTAND THE TERMS OF USE, AND WILL BE BOUND BY THESE TERMS AND CONDITIONS. YOU FURTHER ACKNOWLEDGE THAT THESE TERMS OF USE TOGETHER WITH THE PRIVACY POLICY AT [INSERT LINK TO PRIVACY POLICY] REPRESENT THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN US AND THAT IT SUPERSEDES ANY PROPOSAL OR PRIOR AGREEMENT ORAL OR WRITTEN, AND ANY OTHER COMMUNICATIONS BETWEEN US RELATING TO THE SUBJECT MATTER OF THIS AGREEMENT.

10. Contact Us

If you have any questions or concerns about these Terms, please contact us at bobaristaclub@gmail.com.

By using our Site and services, you acknowledge that you have read, understood, and agree to be bound by these Terms.

USER CONSENT TO RECEIVE COMMUNICATIONS IN ELECTRONIC FORM

For contractual purposes, you: (a) consent to receive communications from us in an electronic form via the email address you have submitted; and (b) agree that all Terms of Use, agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications would satisfy if it were in writing. The foregoing does not affect your non-waivable rights.

We may also use your email address to send you other messages, including information about Bobarista.Club and special offers. You may opt out of such email by changing your account settings, using the “Unsubscribe” link in the message, or by sending an email to bobaristaclub@gmail.com. 

Opting out may prevent you from receiving messages regarding the Site, the Service or special offers.