1. About the Website
- Welcome to www.tildaandcacao.com.au (the 'Website'). The Website provides you with an opportunity to browse and purchase various products that have been listed for sale through the Website (the 'Products ').
- The Website is operated by Tilda & Cacao. Access to and use of the Website, or any of its associated Products or Services, is provided by Tilda & Cacao. Please read these terms and conditions (the 'Terms ') carefully. By using, browsing and/or reading the Website, this signifies that you have read, understood and agree to be bound by the Terms. If you do not agree with the Terms, you must cease usage of the Website immediately.
- Tilda & Cacao reserves the right to review and change any of the Terms by updating this page at its sole discretion. When Tilda & Cacao updates the Terms, it will use reasonable endeavours to provide you with notice of updates to the Terms. Any changes to the Terms take immediate effect from the date of their publication. Before you continue, we recommend you keep a copy of the Terms for your records.
2. Acceptance of the Terms
- You accept the Terms by remaining on the Website. You may also accept the Terms by clicking to accept or agree to the Terms where this option is made available to you by Tilda & Cacao in the user interface.
3. Limitation of Liability
- It is an essential pre-condition to you using our website that you agree and accept that Tilda & Cacao is not legally responsible for any loss or damage you might suffer related to your use of the website, whether from errors or from omissions in our documents or information, any goods or services we may offer or from any other use of the website. Your use of any information or materials on this website is entirely at your own risk, for which we shall not be liable.
- It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific, personal requirements. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.
4. Competition & Consumer Act
- For the purposes of Schedule 2 of the Australian Consumer Law, in particular Sections 51 to 53, 64 and 64A of Part 3-2, Division 1, Subdivision A of the Competition and Consumer Act 2010 (Cth), Tilda & Cacao’s liability for any breach of a term of this agreement is limited to: the supplying of the goods or services to you again; the replacement of the goods; or the payment of the cost of having the goods or services supplied to you again.
- You must be over 18 years of age to use this website and to purchase any of the Products.
5. Shipping & Refunds
- Please refer to our separate Shipping & Refunds Policy for all details around shipping, delivery, refunds and replacements.
6. Links to other websites
- Tilda & Cacao may from time to time provide on its website, links to other websites and information on those websites for your convenience. This does not necessarily imply sponsorship, endorsement, or approval or arrangement between Tilda & Cacao and the owners of those websites. Tilda & Cacao takes no responsibility for any of the content found on the linked websites.
- Tilda & Cacao’s website may contain information provided by third parties for which Tilda & Cacao accepts no responsibility whatsoever for information or advice provided to you directly by third parties. We are making a recommendation only and are not providing any advice nor do we take any responsibility for any advice received in this regard.
7. General Disclaimer
- To the fullest extent permitted by law, Tilda & Cacao absolutely disclaims all warranties, expressed or implied, including, but not limited to, implied warranties of merchantability and fitness for any particular purpose. Tilda & Cacao gives no warranty that the documents, products or services will be free of errors, or that defects will be corrected, or that our website or its server is free of viruses or any other harmful components.
- Whilst we, at all times endeavour to have the most accurate, reliable and up-to-date information on our website, we do not warrant or make any representations regarding the use or the result of the use of any document, product, service, link or information in its website or as to their correctness, suitability, accuracy, reliability, or otherwise.
- It is your sole responsibility and not the responsibility of Tilda & Cacao to bear any entire costs of servicing, repairs, or correction. The applicable law in your state or territory may not permit these exclusions, particularly the exclusions of some implied warranties. Some of the above may not apply to you but you must ensure you are aware of any risk you may be taking by using this website or any products or services that may be offered through it. It is your responsibility to do so.
9. Third Parties
- Tilda & Cacao does not and will not sell or deal in personal or customer information. We may however use in a general sense without any reference to your name, your information to create marketing statistics, identify user demands and to assist it in meeting customer needs generally. In addition, we may use the information that you provide to improve its website and its services but not for any other use.
10. Disclosure of your Information
- Tilda & Cacao may be required, in certain circumstances, to disclose information in good faith and where Tilda & Cacao is required to do so in the following circumstances: by law or by any court; to enforce the terms of any of our customer agreements; or to protect the rights, property or safety of Tilda & Cacao, its customers or third parties.
11. Exclusion of Competitors
- If you are in the business of creating similar documents, products or services for the purpose of providing them for a fee to users, whether they be business users or domestic users, then you are a competitor of Tilda & Cacao. Tilda & Cacao expressly excludes and does not permit you to use or access its website, to download any documents or information from its website or obtain any such documents or information through a third party. If you breach this term, then Tilda & Cacao will hold you fully responsible for any loss that it might sustain and further holds you accountable for all profits that you might make from such unpermitted and improper use. Tilda & Cacao reserves the right to exclude and not permit any person from using its website or any of the documents and information contained on it.
12. Copyright, Trademark & Restrictions of Use
- This website contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance, trademarks and graphics. You are not permitted to reproduce the documents, information or materials on the website for the purposes of sale or the use by any third party. In particular you are not permitted to republish, upload, transmit electronically or otherwise or distribute any of the materials, documents or products that may be available for download from time to time on this website.
- Tilda & Cacao expressly reserves all copyright and trademark in its website and in all documents and information on its website and reserves the right to take action against you if you breach any of these terms.
- Any redistribution or reproduction of part or all of the contents in any form is prohibited other than the following: you may print or download to a local hard disk extracts for your personal and non-commercial use only; and you may copy the content to individual third parties for their personal use, but only if you acknowledge the website as the source of the material.
- You may not, except with our express written permission, distribute or commercially exploit the content. Nor may you transmit it or store it in any other website or other form of electronic retrieval system.
13. Whole Agreement
- These terms and conditions represent the whole agreement between you and Tilda & Cacao concerning your use and access to Tilda & Cacao’s website and your use and access to the documents and information on it. No other term is to be included in this agreement except where it is required to be included by any legislation of the Commonwealth or any State or Territory. All implied terms except those implied by statute and which cannot be expressly excluded are hereby expressly excluded.
14. Exclusion of Unenforceable Terms
- Where any clause or term above would by any applicable statute be illegal, void, or unenforceable in any State or Territory then such a clause shall not apply in that State or Territory and shall be deemed never to have been included in these terms and conditions in that State or Territory. Such a clause if legal and enforceable in any other State or Territory shall continue to be fully enforceable and part of this agreement in those other States and Territories. The deemed exclusion of any term pursuant to this paragraph shall not affect or modify the full enforceability and construction of the other clauses of these terms and conditions.
- This agreement and this website are subject to the laws of New South Wales, Australia. If there is a dispute between you and Tilda & Cacao that results in litigation, then you must submit to the jurisdiction of the courts of New South Wales, Australia.
16. Website Disclaimer
- If you continue to browse and use this website you are agreeing to comply with and be bound by the following disclaimer, together with our terms and conditions of use.
- The information contained in this website is for general information purposes only and is provided by Tilda & Cacao. While we endeavour to keep the information up to date and correct, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the website or the information, products, services, or related graphics contained on the website for any purpose. Any reliance you place on such information is therefore strictly at your own risk. You need to make your own enquiries to determine if the information or products are appropriate for your intended use.
- In no event will we be liable for any loss or damage including without limitation, indirect or consequential loss or damage, or any loss or damage whatsoever arising from loss of data or profits arising out of, or in connection with, the use of this website.
- Through this website you may be able to link to other websites which are not under the control of Tilda & Cacao. We have no control over the nature, content and availability of those websites. The inclusion of any links does not necessarily imply a recommendation or endorse the views expressed within them.
- Every effort is made to keep the website up and running smoothly. However, Tilda & Cacao takes no responsibility for, and will not be liable for, the website being temporarily unavailable due to technical issues beyond our control.
17. Copyright Notice
- This website and its contents are the copyright of Tilda & Cacao - © 2021. All rights reserved.
- Any redistribution or reproduction of part or all of the contents in any form is prohibited other than the following. You may print or download contents to a local hard disk extracts for your personal and non-commercial use only. You may copy some extracts only to individual third parties for their personal use, but only if you acknowledge the website as the source of the material.
- "Personal information" is information we hold which is identifiable as being about you.