Terms

This website is owned and operated by Talk Coffee (A.B.N 47 098 120 515)

Terms and conditions of use of this website
Please note that by accessing, using or browsing this website you agree to be bound by its terms, conditions, disclaimers and limitations of liability (“Terms of Sale”). We reserve the right to amend or update such terms, conditions, disclaimers and limitations of liability at any time. We will not be providing notice to you, so please review these regularly. By using the website, you acknowledge that you have read and understood these terms.

Limitation of liability
Any liability of  Talk Coffee or our agents in connection with goods or services supplied by us to you will, subject to any non-excludable liability for breach of conditions or warranties implied by legislation and to the maximum extent permitted by law, at the election of Talk Coffee, is limited to:

1. In relation to goods, the replacement or repair of the goods, the supply of equivalent goods, the payment of the cost of replacing or repairing the goods or the payment of the cost of obtaining equivalent goods; and

2. In relation to services, the supplying of the services again or the payment of the cost of having the services supplied again.

These Terms and Conditions are governed by the laws in force in Victoria, Australia and you irrevocably and unconditionally submit to the exclusive jurisdiction of the courts of  Victoria, Australia and any courts which may hear appeals from those courts.

Disclaimer
The information contained on the website is provided in good faith. To the best of our knowledge, the information is accurate, current and honest. However, Talk Coffee and any of our directors, officers, employees, consultants or shareholders (“Talk Coffee associates”) do not make any representation or warranty as to the accuracy or completeness of all the information.

To the fullest extent permitted by law, Talk Coffee disclaims all representations and warranties, express or implied, including but not limited to implied warranties of merchantability and fitness for a particular purpose. Talk Coffee offers no warranty that this website, any information or ideas contained on this website or any products or services will meet your requirements.

You expressly acknowledge and agree that Talk Coffee does not control other users of this website, the providers of information or ideas to this website or the suppliers of goods and services purchased from this website, and Talk Coffee is therefore not liable for their opinions or their behaviour, including any information or advice provided by them or any defamatory statements made by them or any offensive conduct on their part.

You further acknowledge and agree that, subject to the section dealing with “Limitation of Liability”, we will not be liable to you or any other person for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to damages for product liability, personal injury or negligence resulting from use of goods or services supplied to you, or on behalf of you, through this website.

Security
All information submitted to Talk Coffee is secured using Secure Sockets Layer (SSL) security, at 128-bit or greater encryption. Your web browser should indicate a htpps:// URL and other security information in the address bar or header. Information acquired on this website is protected by state-of-the-art encryption and firewall technology. All care is taken to ensure that this website and data transmissions are free from viruses. However, it is your responsibility to scan any data or websites for viruses.

Copyright
The website content and copyright of website is property of Talk Coffee. Material on this website also comprises copyright material, trademarks and registered trademarks which are the property of Talk Coffee and third parties. This property may only be used for the purposes of browsing the Talk Coffee website and acquiring goods and services Talk Coffee.

Payment options
We accept the following forms of payment:

Online: Direct deposit, Visa and Mastercard credit cards
Email/phone/in person: Direct deposit (bank transfer); Mastercard, Visa, cheque (Note: goods will not be dispatched until funds are cleared) and cash.

Prices: All prices shown on the website are in Australian Dollars (AU$) and include GST (apart from food products- coffee beans).

Your responsibilities: If you purchase goods and services from Talk Coffee or subscribe to Talk Coffee, we may require you to provide your name, address, email address or other details (“customer information”). We may subsequently require further details to enable the processing of any orders that you make.

Your privacy: We take your information and privacy very seriously. Please refer to our privacy policy for further information.

Membership
A Talk Coffee member may not have more than one active membership, whether this is by a different name, email address, or an alias. If you breach this condition, you may be liable for the recovery of any benefits obtained this way, such as gift vouchers/gift certificates, promotional benefits and discounts and the total value of these benefits and/or any prizes you might win. Membership accounts are non-transferable.

You may update, edit or terminate your membership account at any time. You agree to maintain and update your information to ensure accuracy at all times. As a member, you are responsible for maintaining the confidentiality of your own membership account and password and you agree to take responsibility for all activities that occur under your account.

Product information and pricing
While every effort is made to ensure the accuracy of product descriptions and pricing, we are unable to warrant that product descriptions or other content of the website are error-free. Prices of goods and services, postage and handling fees and other charges displayed on the  website are current at the time of display. These prices are subject to change without notice.

Placing and shipment of orders: Orders will not be dispatched until payment in full has been received and we are satisfied with the integrity of the order. Placement of an order by you constitutes an offer from yourself to enter into an agreement with us. We will email you an Order Confirmation for the sole purpose of confirming the details of your offer. Please note that our Order Confirmation does not constitute an acceptance of your offer or reflect the status of your order in any way. For any orders more than $2,500 offline verification may be required. We will contact you to provide further identification and authorisation will be subject to our financial institution approval.

Cancellation by us: We reserve the right not to provide goods or services, and the right to terminate membership accounts, remove or edit content or cancel orders (or part thereof) at our sole discretion at any time. Without limiting the operation of any other Terms of Sale herein, we will not be held liable for loss or damage arising from the exercising of these rights.

Cancellation by you: If you need to cancel an order, please contact us immediately. Our agreement with you only comes into existence once we have both confirmed your order and your payment has been processed. Once we have accepted payment for an order, cancellation of the order is at our sole discretion. Orders that cannot be cancelled will be subject to our terms, conditions and policies relating to Returns and Exchanges. We may charge a restocking fee, especially in the case of items ordered specifically on your behalf.

Promotions and competitions:

Other Terms and Conditions not listed herein and applying any promotions or competitions we may run  are incorporated into these terms and conditions. Should you object to any of these Terms and Conditions (including any subsequent amendments), you must immediately stop using this website.

Release and indemnity: You agree to hold Talk Coffee harmless from and against any and all claims, loss or expense that may be incurred by Talk Coffee or our associates which relate to or are incidental to the performance of its duties as described in these Terms and Conditions including all costs of defending itself against a claim by any other person and/or as a result of you taking any action or refraining from taking any action or instituting or defending any action or legal proceeding. You further agree to indemnify and hold Talk Coffee and our associates harmless from any claim made by any third party due to or arising out of your use of this website, the violation of these Terms and Conditions by you, or the infringement by you, or other users of this website using your membership account, of any intellectual property or other right of any person or entity.

Your privacy: Talk Coffee respects the privacy rights of its online visitors and does recognise the importance of protecting the information collected about them. To protect your privacy, you can visit the site without identifying yourself and without revealing any personal information about yourself. We will collect personal information in several ways directly from its online visitors when they order for themselves, purchase a gift voucher for a friend or when they register for a service offered by us. If an order is placed with us, we need to hold personal information including your name, email address, phone numbers, home address, shipping address(es), credit card billing address(es) so that we can process and fulfill your orders. Credit card details are entered directly into the acquiring payment gateway provider  and are neither transmitted nor held on nor in our systems. All details collected, including your name and password, allow us to process your order. However, we will supply our delivery company with your address and name to complete the delivery process. In this circumstance, we will ensure that the third parties involved will uphold your privacy. Any links to other websites on this website are not included under our privacy policy as they are outside our control. We do not disclose any identifiable personal data to any other company or third party.

Other information on data collection: We may collect non-personal data about your use of the website, such as pages visited, times and volume of use of the services as well as Traffic Data. Traffic Data includes logs, details of networks, time of log-on or access, length of sessions and similar systems data. We will use this data to track web usage trends and preferences and update our site accordingly. Any deals, specials or updates we believe will interest you will be emailed to the supplied email address. All purchasers will be notified of upcoming sales and specials. Opt in and out to our mailing list is automatic.

Disclosure of information: Service suppliers, third party companies and individuals have been engaged to perform functions such as the delivery of purchases, credit card payment authorisation, trend analysis, marketing and promotions on behalf of Talk Coffee. Your information will only be used by these companies to perform their appropriate functions. From time to time, we provide statistical information about sales, trading patterns and navigation techniques to reputable third parties. This may comprise data collected about you and other users to form aggregate results. However, we will not provide any direct personal information that identifies you as our customer.

Verification of members: We use various details to verify information given to us by our members. At times:

  • we use member phone numbers and email addresses provided to us to communicate with customers about payments ;
  • we use member addresses to check against credit card billing addresses; etc .

In cases where fraud or other crime is suspected, we will communicate with Police, banks and other relevant authorities. Many of these checks are done manually and communication is handled carefully by a member of our own customer service team.

Lost login and password or other details: If members forget their password details, we will not disclose them by telephone. The customer will be informed of passwords via email on verification of identity.

Cookies: We use cookies to keep track of how often you visit our site, the contents of your shopping cart, previous purchases and to deliver content specific to your interests. (A cookie is a piece of information that is stored on your computer’s hard drive by your web browser which tracks your movements within websites.) Most browsers are automatically set to accept cookies but usually you can alter the settings of your browser to prevent acceptance automatically. If you choose not to receive cookies, you may still use most of the features of our website, including the ability to purchase items. However, this may prevent us from delivering certain services, particularly personalisation of the site. Cookies will only be used for tracking activity on this website, not to track internet activity before or after.

Other privacy issues: To ensure that others cannot access your personal information and correspondence, please sign out or close your browser once you have finished shopping. If you share a computer with someone or are using a computer in a public place like a library or Internet café, you are responsible for the security of and access to your computer. Any information provided or purchases made by minors (under 18) MUST have the consent of parents or guardians. These adults should have checked the Terms of Sale before purchasing. Please be responsible when using your passwords and username whilst online it is your sole responsibility. Our privacy policy will be reviewed regularly in accordance with the Australian Federal Government’s legislation.