Terms of Service


 THE CHEESE RIOT PTY LTD ABN 87 618 325 876

TERMS OF SERVICE

Introduction

The Cheese Riot Pty Ltd ABN 87 618 325 876 (Company) provides the delivery service of high quality Australian cheeses (Service). Use of the Service is subject to these Terms of Service

  1. INTERPRETATION

  2. The following definitions apply in this document:
  3. Agreement means these Terms of Service accessible at www.thecheeseriot.com/pages/terms.
  4. Business Day means a day (other than a Saturday, Sunday or public holiday) on which banks are open for general banking business in Sydney, Australia.
  5. Company means The Cheese Riot Pty Ltd ABN 87 618 325 876.
  6. Customer means a User that has subscribed to the Service.
  7. Fee means a fee charged by the Company for use of the Service.
  8. Intellectual Property means all rights (present and future) conferred by common law, equity or statute (and all moral rights) connected with business names, computer software, confidential information, copyright, designs, domain names, formulas, inventions, knowhow, patents, trade marks, and other results of intellectual activity in the industrial, commercial, scientific, literary or artistic field, the benefit of any application to register such a right and the benefit of any renewal or extension of such a right.
  9. Product means any item available for delivery via the Service, and generally refers to Australian cheese and associated accompaniments.
  10. Package means a package containing one or more Products.
  11. Pricing means the pricing set out in this agreement or as notified to the User in writing by the Company from time-to-time.
  12. Privacy Policy means the Privacy Policy accessible at www.thecheeseriot.com/pages/privacy.
  13. Service means:
  14. The Cheese Riot online subscription service for the monthly delivery of Australian cheeses, subscribed for via the Site, or a one-off purchase; and
  15. The Site.
  16. Site means www.thecheeseriot.com, or such other URL operated by the Company from time-to-time.
  17. Special Conditions means any special conditions agreed to by the parties that shall apply to this Agreement.
  18. Subscription Fee means a Fee charged by the Company for use of the Service on a periodical basis.
  19. Term has the meaning described in clause 2.1(d).
  20. Tracking Information means any information provided by the Company to a Customer in order to track a shipped Package.
  21. User means a Customer of the Service and any user of the Site.
  22. User Content means content that is entered into or created within the Service by the User.
  23. Using the Cheese Riot Service
  24. General
  25. The Company operates The Cheese Riot service that provides Customers with a Package containing Products once per month as a monthly subscription, or with a one-off Package (Service).
  26. The Service is available via the Site at www.thecheeseriot.com (or other domain as used by the Company from time-to-time).
  27. Each User must accept this Agreement in order to use the Services. If the User does not accept the terms of this Agreement, the User must not use the Service or the Site.
  28. The term of the User’s licence to access the Services shall be ongoing unless terminated in accordance with this Agreement (Term).
  29. The Australian cheese subscription Service is only available to Users that register a Customer account on the Site or otherwise subscribe for the subscription Service with the Company.
  30. In order to use the Services, the User may be required to verify their identity by (without limitation) email, telephone, residential or business address, social media, referrals, references and/or formal photographic identification. The User agrees to provide the Company with all necessary verifications required to provide the User with access to the Services.
  31. Subscription Terms
  32. A User may subscribe to receive Products via the Service as Customer. All Product subscription services are subject to these Subscription Terms.
  33. Products
  34. All Products supplied are produced using artisanal methods and are subject to seasonal availability.
  35. Products may vary in shapes and sizes from images shown on packaging, advertising material or on the Website.
  36. All measurements and weights of Products described within the Service are approximate.
  37. Fees
  38. The primary Fee to use the Service shall be the Subscription Fee, which is payable monthly in advance, or a one-off fee for one-off purchases.
  39. Each Fee applies in accordance with such type of Package and other Service specifications subscribed for by the Customer in accordance with the pricing described on the Site, or as otherwise agreed with the Company.
  40. The Customer agrees to make payment in advance for all Fees due at such frequency, or on such dates as the Customer has subscribed for.
  41. All payments shall be made via the online payment gateway within the Service, or in such other manner as the Company may direct from time-to-time. The Customer agrees that it has no right to access the Service if it fails to make payments when due.
  42. The Customer authorises the Company to take payment of the Subscription Fee from any credit card or other payment service the Client provides the Company, when due.
  43. The Company reserves the right to introduce or change any Fees from time-to-time by giving the Customer no less than 1 month’s written notice. Any new or changed Fees will apply at the next billing period after the Customer has been given such notice.
  44. If a Customer does not accept a change to any Fees, then it can simply terminate its Account.
  45. The Customer may cancel or suspend their subscription via the Website at any time. However the Customer suspensions or cancellations made within 2 days prior to the end of the current billing period will not take effect until the end of the following billing period.
  46. Currency. All Fees are quoted in Australian dollars, however transactions may be processed in an equivalent foreign currency (such as US dollars or British pounds).
  47. GST. For Customers in Australia, GST may be applicable the Fees charged by the Company to the Customer. Unless expressed otherwise, all Fees shall be deemed inclusive of GST. The Company will provide the Customer with a Tax Invoice for any payments detailing any GST on Fees.
  48. Refunds. No refunds of Fees are offered other than as required by law.
  49. Late Payment.
  50. If the Customer does not pay the full Fees as required, the Company may suspend all Customer access to the Service.
  51. If Fees are not brought out of arrears within 28 days of becoming overdue, the Company may terminate the Customer’s Service account without notice and end this Agreement.
  52. The Customer agrees that the Company shall not be responsible or liable in any way for:
  53. Interruptions to the availability of the Service or Customer Content in the event of (a);
  54. Loss of Customer Content in the event of (b).
  55. Shipping & Delivery
  56. Any shipping Fees shall be stated if applicable in addition to the Customer’s Subscription Fee or one-off purchase Fee. The Company may increase or decrease the cost of a Customer’s shipping Fee at any time in response to a change in shipping costs, by providing the Customer with written notice. Such changes will apply to the next billing period.
  57. The Company may not ship to all locations, and will advise the Customer if a delivery address is not in a location where the Company ships to, prior to confirming the Customer’s subscription for the Service.
  58. The Customer must provide the Company with accurate shipping information.
  59. The Company will advise the Customer of the day on which deliver is expected to be made (Delivery Day). The Customer is responsible for refrigerating each Product immediately once delivered.
  60. Orders will be delivered to the entrance of the Delivery Address. If no one is available to take delivery of the Customer’s Package we will leave it near the entrance of the Delivery Address.
  61. The Customer agrees to take on the risk for the Products, such as loss, damage or spoiling when the Products reach the Delivery Address.
  62. After taking delivery of the Package, the Customer agrees to examine the Products and notify the Company if there is any defect in the goods before midday of the day following the date of delivery.
  63. Under no circumstances will the Company be liable for any cost, loss or damage caused by a delay in shipping after it has been despatched by the Company including incorrect shipping details provided by the Customer.
  64. Package Tracking
  65. The Company may provide the Customer with tracking information relative to a shipped Package (Tracking Information) if available.
  66. Where the Company provides Tracking Information, it does so as a courtesy only and takes no responsibility as to the accuracy of any Tracking Information.
  67. The Customer acknowledges that any tracking information is sourced from a third-party shipping company and that the Company shall not be liable under any circumstance in relation to that tracking information.
  68. Refrigeration & Consumption
  69. All Products must be refrigerated unless stated otherwise on the Product. It is the Customer’s responsibility to ensure that delivered Products are refrigerated immediately once received.
  70. Our products are guaranteed fresh on arrival. However the Customer acknowledges that cheese and other Products are perishable, generally with a shelf life of between 5 and 7 days from the date of delivery. The Company shall not be responsible for how a Product is handled once delivered to the Customer.
  71. The Customer must not consume a Product that:
  72. Has remained unrefrigerated for more than 4 hours;
  73. The Customer reasonably believes may have spoiled; or
  74. The Customer has not inspected to determine freshness prior to consumption.
  75. Health
  76. The Customer acknowledges and accepts that not all of our products may have been pasteurized.
  77. Our products may not be suitable for everyone. Our products should not be used by pregnant or breastfeeding women, those with weakened immune systems, children or the elderly without medical supervision. If the Customer is advised to seek medical advice before using our products if the Customer has any concerns about how a Product might affect their health, especially if the Customer is taking specific medication or has a medical condition.
  78. The Customer must not consume a Product if the Customer has an allergy that may result in anaphylaxis (or similar) or is a diabetic who is insulin dependent. It is the Customer’s responsibility to inform the Company if the Customer suffers any of these conditions before the Customer subscribes to the Service.
  79. Products are made in kitchens that contain nuts. If the Customer has known allergies to nut products, the Customer must exercise caution prior to consumption, as there is always the likelihood of some traces of nuts being present,
  80. Any information published on the Site and other information that we send the Customer does not constitute medical advice.
  81. The Company does not make any health claims about our Products.
  82. Returns
  83. The Company does not provide refunds or accept returns, except where required by law, or as otherwise provided for under this Agreement.
  84. The Customer may notify the Company if:
  85. A Package is not received; or
  86. The Products arrived damaged or spoiled within the Delivery Day; or
  87. The Customer otherwise believes that they are entitled to refund or exchange under any applicable law.
  88. The Company will then advise the Customer whether they qualify for a refund or an exchange on a return.
  89. If a Customer qualifies for a refund the Company will provide instructions on how to return the Product(s). The Customer may then dispatch the Product(s) for exchange or refund back to the Company in accordance with those instructions.
  90. The Customer is responsible for shipping the Product(s) back to the Company.
  91. Customs, Duties & Taxes
  92. The Customer will be informed at the time they subscribe to a Service if it is subject to Goods and Services Tax (GST).
  93. If the Customer’s address for delivery of a Package is outside Australia, the Customer agrees to take responsibility for ensuring that the Product can be legally imported into the country of delivery.
  94. The Customer agrees to pay any customs, duties or taxes with respect to the Product that the Company sends to the address outside of Australia. These costs will be in addition to the Fee that the Company charges for the Service.
  95. General Conditions
  96. Licence
  97. By accepting the terms and conditions of this Agreement, the User is granted a limited, non-exclusive and revocable licence to access and use the Service for the duration of the Term, in accordance with the terms and conditions of this Agreement.
  98. The Company may issue the licence to the User on such further terms or limitations as it sees fit.
  99. The Company may revoke or suspend the User’s licence(s) in its absolute discretion for any reason that it sees fit, including for breach of the terms and conditions in this Agreement by the User.
  100. Modification of Terms The Company may from time-to-time update the terms of this Agreement in its sole discretion. Unless stated otherwise by the Company in writing, such updates shall come into effect for use of the Service the 1-month following the Company providing notice to the User.
  101. Site Management
  102. The User agrees and accepts that the Site is:
  103. Hosted by the Company and shall only be installed, accessed and maintained by the Company, accessed using the internet or other connection to the Company servers and is not available ‘locally’ from the User’s systems; and
  104. Managed and supported exclusively by the Company from the Company servers and that no ‘back-end’ access to the Site is available to the User unless expressly agreed in writing.
  105. As a hosted and managed service, the Company reserves the right to upgrade, maintain, tune, backup, amend, add or remove features, redesign, improve or otherwise alter the Site.
  106. Support
  107. The Company provides user support for the Service via the email address hello@thecheeseriot.com .
  108. The Company shall endeavour to respond to all support requests within 3 Business Days.
  109. Use & Availability
  110. The User agrees that it shall only use the Service for legal purposes and shall not use it to engage in any conduct that is unlawful, immoral, threatening, abusive or in a way that the Company deems unreasonable in its discretion.
  111. The User is solely responsible for the security of its username and password for access to the Service. The User shall notify the Company as soon as it becomes aware of any unauthorised access of its account.
  112. The User agrees that the Company shall provide access to the Service to the best of its abilities, however:
  113. Access to the Service may be prevented by issues outside of its control; and
  114. It accepts no responsibility for ongoing access to the Service.
  115. Privacy
  116. The Company maintains the Privacy Policy in compliance with the provisions of the Privacy Act for data that it collects about the User and other customers.
  117. The Site may use cookies (a small electronic tracking code) to improve a User’s experience while browsing, while also sending browsing information back to the Company. The User may manage how it handles cookies in its own browser settings.
  118. Data
  119. Security.  The Company takes the security of the Site and the privacy of its Users very seriously.  The Client agrees that the Client shall not do anything to prejudice the security or privacy of the Company’s systems or the information on them.
  120. Transmission.  The Company shall do all things reasonable to ensure that the transmission of data occurs according to accepted industry standards.  It is up to the Client to ensure that any transmission standards meet the Client’s operating and legal requirements.
  121. Storage. Data that is stored by the Company shall be stored according to accepted industry standards.
  122. Backup.  The Company shall perform backups of its entire systems in as reasonable manner at such times and intervals as is reasonable for its business purposes.  The Company does not warrant that it is able to backup or recover specific Client Data from any period of time unless so stated in writing by the Company.
  123. Intellectual Property
  124. Trademarks.  The Company has moral & registered rights in its trade marks and the User shall not copy, alter, use or otherwise deal in the marks without the prior written consent of the Company.
  125. Proprietary Information.  The Company may use software and other proprietary systems and Intellectual Property for which the Company has appropriate authority to use, and the User agrees that such is protected by copyright, trademarks, patents, proprietary rights and other laws, both domestically and internationally.  The User warrants that it shall not infringe on any third-party rights through the use of the Service.
  126. The Service.  The User agrees and accepts that the Service is the Intellectual Property of the Company and the User further warrants that by using the Service the User will not:
  127. Copy the Service or the services that it provides for the User’s own commercial purposes; and
  128. Directly or indirectly copy, recreate, decompile, reverse engineer or otherwise obtain, modify or use any source or object code, architecture, algorithms contained in the Service or any documentation associated with it.
  129. Content.  All content submitted to the Company, whether via the Site or directly by other means, becomes and remains the Intellectual Property of the Company, including (without limitation) any source code, analytics, insights, ideas, enhancements, feature requests, suggestions or other information provided by the User or any other party with respect to the Service.
  130. Disclaimer of Third Party Services & Information
  131. The User acknowledges that the Service is dependent on third-party services, including but not limited to:
  132. Banks, credit card providers and merchant gateway providers;
  133. Shipping, courier or other delivery services;
  134. Telecommunications services;
  135. Hosting services;
  136. Email services; and
  137. Analytics services.
  138. The User agrees that the Company shall not be responsible or liable in any way for:
  139. Interruptions to the availability of the Service due to third-party services; or
  140. Information contained on any linked third party website.
  141. Liability & Indemnity
  142. The User agrees that it uses the Service at its own risk.
  143. The User agrees to indemnify the Company for any loss, damage, cost or expense that the Company may suffer or incur as a result of or in connection with the User’s use of or conduct in connection with the Service, including any breach by the User of these Terms.
  144. In no circumstances will the Company be liable for any direct, incidental, consequential or indirect damages, illness, personal injury, death, damage to property, loss of property, loss or corruption of data, loss of profits, goodwill, bargain or opportunity, loss of anticipated savings or any other similar or analogous loss resulting from the User’s access to, or use of, or inability to use the Service, whether based on warranty, contract, tort, negligence, in equity or any other legal theory, and whether or not the Company knew or should have known of the possibility of such damage, loss, illness, personal injury or death, or business interruption of any type, whether in tort, contract or otherwise.
  145. Certain rights and remedies may be available under the Competition and Consumer Act 2010 (Cth) or similar legislation of other States or Territories and may not be permitted to be excluded, restricted or modified.  Apart from those that cannot be excluded, the Company and the Company’s related entities exclude all conditions and warranties that may be implied by law.  To the extent permitted by law, the Company’s liability for breach of any implied warranty or condition that cannot be excluded is restricted, at the Company’s option to:
  146. The re-supply of services or payment of the cost of re-supply of services; or
  147. The replacement or repair of goods or payment of the cost of replacement or repair.
  148. Termination
  149. Either party may terminate this Agreement by giving the other party written notice.
  150. Termination of this agreement is without prejudice to and does not affect the accrued rights or remedies of any of the parties arising in any way out of this agreement up to the date of expiry or termination.
  151. Termination does not affect any of the rights accrued by a party prior to termination, and the rights and obligations under clauses 4.5, 4.6, 4.7, 4.8 4.9, 4.10, 4.12, 4.13 and 4.14 survive termination of this Agreement.
  152. Dispute Resolution
  153. If any dispute arises between the parties in connection with this Agreement (Dispute), then either party may notify the other of the Dispute with a notice (Dispute Notice) which:
  154. Includes or is accompanied by full and detailed particulars of the Dispute; and
  155. Is delivered within 10 Business Days of the circumstances giving rise to the Dispute first occurring.
  156. Within 10 Business Days after a Dispute Notice is given, a representative (with the authority to resolve the dispute) from each of the parties must meet (virtually or otherwise) and seek to resolve the Dispute.
  157. Subject to clause (d), a party must not bring court proceedings in respect of any Dispute unless it first complies with the requirements of the dispute resolution mechanism outlined in this clause.
  158. Nothing in this clause prevents either party from instituting court proceedings to seek urgent injunctive, interlocutory or declaratory relief in respect of a Dispute.
  159. Despite the existence of a Dispute, the parties must continue to perform their respective obligations under this document and any related agreements.
  160. Electronic Communication, Amendment & Assignment
  161. The words in this clause that are defined in the Electronic Transactions Act 1999 (Cth) have the same meaning.
  162. The User can direct notices, enquiries, complaints and so forth to the Company as set out in this Agreement.  The Company will notify the User of a change of details from time-to-time.
  163. The Company will send the User notices and other correspondence to the details that the User submits to the Company, or that the User notifies the Company of from time-to-time. It is the User’s responsibility to update its contact details as they change.
  164. A consent, notice or communication under this Agreement is effective if it is sent as an electronic communication unless required to be physically delivered under law.
  165. Notices must be sent to the parties’ most recent known contact details.
  166. The User may not assign or otherwise create an interest in this Agreement.
  167. The Company may assign or otherwise create an interest in its rights under this Agreement by giving written notice to the User.
  168. General
  169. Special Conditions. The parties may agree to any Special Conditions to this Agreement in writing.
  170. Prevalence. To the extent this Agreement is in conflict with, or inconsistent with, the terms of any Special Conditions made under this Agreement, as relevant, the terms of those Special Conditions shall prevail.
  171. Disclaimer.  Each party acknowledges that it has not relied on any representation, warranty or statement made by any other party, other than as set out in this Agreement.
  172. Relationship.  The relationship of the parties to this Agreement does not form a joint venture or partnership.
  173. Waiver.  No clause of this Agreement will be deemed waived and no breach excused unless such waiver or consent is provided in writing.
  174. Further Assurances.  Each party must do anything necessary (including executing agreements and documents) to give full effect to this Agreement and the transaction facilitated by it.
  175. Governing Law.  This Agreement is governed by the laws of New South Wales, Australia.  Each of the parties hereby submits to the non-exclusive jurisdiction of courts with jurisdiction there.
  176. Severability.  Any clause of this Agreement, which is invalid or unenforceable, is ineffective to the extent of the invalidity or unenforceability without affecting the remaining clauses of this Agreement.
  177. Interpretation. The following rules apply unless the context requires otherwise:
  178. Headings are only for convenience and do not affect interpretation.  
  179. The singular includes the plural and the opposite also applies.
  180. If a word or phrase is defined, any other grammatical form of that word or phrase has a corresponding meaning.
  181. A reference to a clause refers to clauses in this Agreement.
  182. A reference to legislation is to that legislation as amended, re-enacted or replaced, and includes any subordinate legislation issued under it.
  183. Mentioning anything after includes, including, or similar expressions, does not limit anything else that might be included.
  184. A reference to a party to this Agreement or another agreement or document includes that party’s successors and permitted substitutes and assigns (and, where applicable, the party’s legal personal representatives).
  185. A reference to a person, corporation, trust, partnership, unincorporated body or other entity includes any of them.
  186. A reference to information is to information of any kind in any form or medium, whether formal or informal, written or unwritten, for example, computer software or programs, concepts, data, drawings, ideas, knowledge, procedures, source codes or object codes, technology or trade secrets.END TERMS OF SERVICE