The term ‘Spice Zen’ or 'SZ' or ‘us’ or ‘we’ refers to the owner of the website. The term ‘you’ refers to the user or viewer of our website.
1. Acceptance of Terms
1.2 Your access to and use of the service is based on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the service.
1.3 By accessing or using the service you agree to be bound by these Terms and accept all legal consequences. If you do not agree to these Terms, in whole or in part, please do not use this service.
2. Governing Law
2.1 These Terms will be governed by and construed in accordance with the laws of New South Wales, Australia. You irrevocably and unconditionally submit to the non-exclusive jurisdiction of the courts of New South Wales.
3.1 An order by you is an offer by you to purchase a particular product or subscription service made available on the Website ("Order") at the price and delivery charges specified in the details of that order.
After placing an order for any product or subscription on our standard order form, you will receive an e-mail from us confirming that we have received your order. Please note that this does not mean that your order has been accepted. All orders are subject to acceptance by us. We will communicate our acceptance of your Order by sending you an e-mail with a order status update saying "Awaiting Shipment". This email confirms that your Order has been accepted. The contract between us and you (Contract) will only be formed when we send you this "Awaiting Shipment" status update.
3.2 For an Order, you may be asked to supply certain information relevant to your Order including, without limitation, your credit card number, the expiration date of your credit card, your billing address, and your shipping information.
You represent and warrant that:
(i) you have the legal right to use any credit card(s) or other payment method(s) in connection with any Order; and that
(ii) the information you supply to us is true, correct and complete.
3.3 By submitting such information, you grant us the right to provide the information to third parties for purposes of facilitating the completion of Orders.
3.4 We reserve the right to refuse or cancel your order at any time for any reasons including but not limited to: product or service unavailability, errors in the description or price of the product or service, error in your order or other reasons.
3.5 We reserve the right to refuse or cancel your order if fraud or an unauthorised or illegal transaction is suspected. We will not be held responsible or liable for any failure for the Order to complete, or any resulting loss or damages to you.
4. Subscription Services
4.1 When you place an Order for a subscription service, you agree to pay recurring periodic subscriptions for an indefinite time until cancelled by you or us, as laid out in these Terms. You can cancel or skip your subscription at any time before the cut off period. Cancellation of an order after the cut off time will result in a full charge.
The cut offs for subscription adjustments (including skip, cancellations, order restarts, edits to the order including change of address) are as follows:
- By online through the Website, email or phone by 4:00PM (AEST/AEDT) 3 business days before the next dispatch.
You will not be charged for any cancellation prior to the cut off. You can re-subscribe at any time following your cancellation, but we reserve the right not to permit re-subscription.
4.2 Cancelling your subscription is easy. You can do so online through the Website, by email at email@example.com or over the phone by calling us on 0490 885 700.
4.3 We reserve the right at our absolute discretion not to renew your subscription at any time without giving any reasons for our decision.
5. Change of Details
5.1 Changes to address, payment details and/or delivery instructions must be communicated via the methods and by the cut-offs outlined in these Terms.
5.2 We are not liable for any charges you incur as a result of out of date payment information. If we incur an expense due to incorrect payment information provided by you, we reserve the right to seek reimbursement from you for such expenses.
6. Availability, Errors and Inaccuracies
6.1 In order to provide exceptional service, we regularly update the products and services on the Website.
6.2 We cannot and do not guarantee the accuracy or completeness of any information, including prices, product images, specifications, availability, and services. We reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.
6.3 Despite our best efforts, the products or services available on our Website may have an error regarding the price, be inaccurately described, or be unavailable.
6.4 We may experience delays in updating information on the Website and in our advertising on other websites.
7. Gift Certificates, Coupons and Promotion Discounts
7.1 We may offer Gift Certificates and Coupons (Vouchers) which are already activated when sent to you by email. If paid for, the Voucher is deemed to have been sold at the time of the payment. All these Terms become applicable between us and you when you redeem the Voucher by ordering a Product.
7.2 Any Voucher may only be used as per the specific terms of that Voucher, which will be advised in the email containing the Voucher. The email containing the Voucher and the Voucher may not be copied, reproduced, distributed or published either directly or indirectly in any form or stored in a data retrieval system without our prior written approval.
7.3 We reserve the right to withdraw or cancel any Voucher (other than a paid-up gift certificate) for any reason at any time. We reserve the right to exclude the use of voucher codes on specific products.
7.4 Vouchers may only be redeemed through the Website and not through any other website or method of communication. To use your Voucher you will be required to enter its unique code at the online checkout and use of such code will be deemed to confirm your agreement to these terms and conditions and any special conditions attached to the Voucher.
7.5 Any discounts attached to Vouchers (except paid up gift certificates) apply to the price of the Products ordered only and not to delivery charges, which will be chargeable at normal rates.
7.6 You are responsible for maintaining the confidentiality of the unique code contained in the Voucher and you agree to accept responsibility for any redemption using the unique code on your Voucher.
7.7 We run Promotion Discounts on our website from time to time. We retain the right to apply only one Coupon or Promotion Discount within each Order.
8. Risk And Title
8.1 All items purchased from the Website are made pursuant to our shipment contract with a logistics carrier. The Products will be at your risk from the time we deliver the Products to the carrier.
8.2 Ownership of the Products will only pass to you when we receive full payment of all sums due in respect of the Products, including delivery charges.
9.1 When you create an account with us, you must provide us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your account on our Website.
9.2 You are responsible for maintaining the confidentiality of your account data and the password that you use to access the Website and for any activities or actions under your account or password, whether your password is with our website or a third-party service. You agree to accept responsibility for all activities that occur under your account or password.
9.3 If you provide any information that is untrue, inaccurate, not current or incomplete, or We have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, We have the right to suspend or terminate your account and refuse any and all current or future use of the Website (or any portion thereof).
10. Availability and Delivery
10.1 You will receive an email with a status update of your order saying "Shipped" which indicates that your order has been dispatched. This email will also contain the tracking details for your order.
10.2 The carrier used by Spice Zen may provide an indicative delivery date through a parcel tracking service. Spice Zen expects the delivery to be completed within 5 days of dispatch to Australian destinations, within 8 days of dispatch to New Zealand destinations and within 15 days of dispatch to USA destinations. The delivery periods can be longer for locations in remote and regional locations or in exceptional circumstances.
11. Price and Payment
11.1 The price of the Products and our delivery charges will be as quoted on the Website from time to time, except in cases of obvious error.
11.2 Product prices are in Australian dollars (AUD) and includes GST.
11.3 We may change Product prices and delivery charges at any time, but changes will not affect orders in respect of which we have already sent you an acceptance of your order.
11.4 Payment for all Products must be by credit or debit card. We accept payment with American Express, Visa and Mastercard. We accept payments processed through Apple Pay and Google Pay.
12. Disclaimer and Limitation Of Liability
12.1 The Trade Practices Act and similar state and territory legislation in Australia may confer rights and remedies on you in relation to the provision of goods or services on the website which cannot be excluded, restricted or modified (“Non-excludable Rights”). Spice Zen does not exclude any Non-Excludable Rights but does exclude all other conditions and warranties implied by custom, law or statute.
12.2 Except as provided for by the Non-excludable Rights:
(a) all content is provided “as is” and “as available” without warranties or guarantees of any kind, either express or implied
(b) Spice Zen and its suppliers expressly disclaim all warranties of any kind, including but not limited to implied warranties of merchantability and fitness for a particular purpose
(c) We do not warrant that the functions contained in any content or any communications facility or your access to the Website will be uninterrupted or error-free, that any defects will be corrected or that the Website or the server which stores and transmits content to you are free of viruses or any other harmful components
(d) We do not warrant or make any representation regarding your access to, or the results of your access to, the Website (including any related or linked web sites) or any content in terms of correctness, accuracy, timeliness, completeness, reliability or otherwise, and
(e) you (and not Spice Zen) assume the entire cost of any necessary verification, maintenance, repair and/or correction of any relevant content.
12.3 To the maximum extent permitted by law, under no circumstances (including but not limited to any act or omission on the part of Spice Zen), will Spice Zen or its related bodies corporate be liable for any indirect, incidental, special and/or consequential damages or loss of profits, revenue or goodwill whatsoever which result from any use or access of, or any inability to use or access, the Website or any content.
12.4 You expressly acknowledge and agree that Spice Zen does not exert control over users of the Website (including individuals referred to on the Website as guests and experts) and is not liable either for their opinions or their behaviour, including any information and/or advice and any defamatory statements or offensive conduct.
12.5 To the maximum extent permitted by law, Spice Zen liability for breach of any implied warranty or condition which cannot be excluded is limited, at the option of Spice Zen to the following:
In the case of the Order supplied or offered by Spice Zen,
(a) the replacement of the Order or the supply of equivalent Order
(b) the repair of such goods in the Order
(c) the refund of payment for the goods in the Order.
13.1 You agree to indemnify and hold harmless Spice Zen and its related bodies corporate (and the principals, officers, directors, representatives, suppliers and agents, partners and employees of each of these) against any and all loss, liability, costs, claim or demand arising out of or in connection with your use and access to the Website.
These include but are not limited to:
(a) legal and accounting fees resulting from your use of the Website
(b) your breach of any of these Terms
(c) anything you post on or upload to the Website; and
(d) any activity related to your account.
This includes any negligent or illegal conduct by you, any person or entity accessing the Website using your account whether such access is obtained via fraudulent or illegal means.
14. Intellectual Property
14.1 We are the owner or licensee of all intellectual property rights on the Website and all contents, including but not limited to text, images, graphics or code are the property of Spice Zen and are protected by copyright, trademarks, database and other intellectual property rights and all such rights are reserved.
14.2 You may print off one copy, and may download extracts, of any pages from the Website for your personal reference. You must not use any part of our copyright materials for commercial purposes without first obtaining a license to do so from our licensors and us.
14.3 Other trademarks may be displayed on the Website from time to time. These may belong to third parties. Nothing displayed on the Website should be construed as granting any licence or right of use of any logo or trademark displayed on the Website, without the express written permission of the relevant owner.
15. Links To Other Web Sites
15.1 The Website may contain hyperlinks and pointers to third-party websites or services that are not owned or controlled by Spice Zen and do not form part of this Website.
15.2 Spice Zen has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. If you link to any such websites you leave the Website and do so entirely at your own risk. You further acknowledge and agree that Spice Zen shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such websites or services.
We strongly advise you to read the terms and conditions and privacy policies of any third-party websites or services that you visit.
15.3 The Website may display third party advertisements, which may or may not contain hyperlinks or referral buttons to websites operated by third parties. The display of advertising does not in any way imply a recommendation or endorsement by Spice Zen of the relevant advertiser, its products or services or any such linked website. If you contact a third party using functionality provided on the Website, including via email, Spice Zen accepts no responsibility for any actions taken by that third party in response to your communication or for any transactions entered into between you and the relevant third party.
16. Electronic Communications and Your Conduct
16.1 When you visit the Website or send an email to us, you are communicating with us electronically. You also consent to receive communications from us electronically. We will communicate with you by email or by posting notices on this Website. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
The Website may contain electronic bulletin boards, chat rooms and other communication facilities which enable feedback by users to Spice Zen, real-time interaction between users (including individuals referred to as guests and experts) and other electronic messaging and notice services. It is a condition of your use of any communication facilities and your access to the Website that you do not do any of the following:
• restrict or inhibit any other user from using or enjoying any communication facility;
• post or transmit any unlawful, threatening, abusive, defamatory, obscene, vulgar, pornographic, profane or indecent information or material of any kind, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offence, give rise to civil liability or otherwise violate any applicable law;
• post or transmit any material of any kind which violates or infringes upon the rights of any other person, including material which is an invasion of any privacy or publicity rights or which is protected by copyright, trademark or any other proprietary right or derivative works with respect thereto, without first obtaining permission from the owner or relevant right holder;
• post or transmit any material of any kind which contains a virus or other harmful component;
• post, transmit or in any way exploit any material of any kind for commercial purposes or which contains any promotional material or advertising;
• delete any author attributions, legal notices or proprietary designations or labels in any file that is uploaded; or
• download any file posted by any other user of a communication facility if you know, or reasonably ought to know, that the file cannot legally be distributed in such manner.
16.2 Spice Zen may from time to time monitor or review the contents of its communication facilities. While Spice Zen reserves its right to edit, refuse to post or to remove any information and/or materials (in whole or in part) that in Spice Zen sole discretion is in any way objectionable or in violation of any applicable law or the Terms, Spice Zen has no obligation whatsoever to monitor any communication facility or to edit, delete or refuse to post such contents, nor is Spice Zen responsible for any contents in any communication facilities (including any information, comments and/or advice of any individual referred to as guest or expert whose statements on the web site are solely their own). You expressly acknowledge and agree that the communication facilities provide a means of public and not private communications.
Spice Zen reserves the right to cooperate fully with any law enforcement authority in any jurisdiction in respect of any lawful direction or request to disclose the identity or other information in respect of anyone posting any materials which violate any applicable or relevant law.
17. Contributions and User Licence to Spice Zen
17.1 Spice Zen may permit you to make share, publish, post, store or upload information including data, text, video, still images, audio or other material on the Website (“Contributions”). You retain sole responsibility for and accept all liability for all Contributions you make to the Website and Spice Zen disclaims any and all liability in connection with Contributions.
Spice Zen assumes no responsibility for monitoring any Contributions and does not endorse the Contributions. Spice Zen is under no obligation to treat your Contribution as confidential.
Spice Zen may at any time, without liability to you, remove, alter or disable access to any or all of your Contributions in its sole discretion without prior notice to you.
17.2 By placing any Contributions, information or other material on the Website (including posting messages, uploading files, inputting data or engaging in any other form of communication), you grant to Spice Zen and its related bodies corporate a perpetual, royalty-free, non-exclusive, irrevocable, unrestricted, worldwide licence to do the following in respect of the Contributions, information or material:
1. use, copy, sublicense, redistribute, adapt, transmit, publish and/or broadcast, publicly perform or display, and
2. sublicense to any third parties the unrestricted right to exercise any of the foregoing rights granted.
The foregoing grant includes the right to exploit all proprietary rights in any such information or other material, including but not limited to rights under copyright, trademark, service mark or patent laws under any jurisdiction worldwide. You expressly waive in favour of Spice Zen and any other party authorised by Spice Zen all moral rights and any similar rights in any jurisdiction which you may have or hereafter acquire in respect of any relevant communication or other material. At the request and expense of Spice Zen you will execute and deliver to Spice Zen such instruments and take such other actions as may be required to carry out this grant of licence and waiver.
18. Security of Personal Information
18.1 Spice Zen considers all personal and account information you provide to us as private. The information is kept secure from outside parties. We use the information only for the limited purposes of processing your orders, to administer the Site, and to notify you of products or special offers that may be of interest to you. Your phone number may be added to the delivery label to facilitate delivery. You may request access to personal information we hold about you by contacting us.
19.1 We may terminate or suspend access to our Website immediately, without prior notice or liability, for any reason whatsoever, including, without limitation, if you breach the Terms.
19.2 All provisions of the Terms shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
19.3 Upon termination, your right to use the Website will immediately cease. If you wish to terminate your account, you may simply discontinue using the Service.
20. Medical Disclaimer
20.1 Each person is different, and the way you react to a particular product may be significantly different from the way other people react to such product.
20.2 Nothing contained in the Website is intended to be or should be taken for medical diagnosis or treatment. All information on the Website is for the purposes of general knowledge only. It is not a substitute for nor does it constitute medical advice. You should not use the information on the Website for diagnosis or treatment of any health problem. Always seek the advice of your healthcare/medical professional when starting any new health or nutritional treatment or program or with any questions you may have regarding your or anyone else’s medical condition. You should carefully read all information provided on or in any product label or packaging. If you have any allergies or illnesses, you should seek medical advice before consuming any product purchased from the Website.
21. Non-Waiver of Rights
21.1 If you breach any of these Terms and Spice Zen chooses not to immediately act, or chooses not to act at all, Spice Zen will still be entitled to all rights and remedies at any later date, or in any other situation, where you breach these Terms. Spice Zen does not waive any of its rights. Spice Zen shall not be responsible for any purported breach of these Terms caused by circumstances beyond its control. A person who is not a party to these Terms shall have no rights of enforcement.
21.2 You may not assign, sub-license or otherwise transfer any of your rights under these Terms.
22.1 Spice Zen will accept returns in accordance with New South Wales and Australian law. Returns under these laws are accepted with prior approval from Spice Zen and must be within 14 days of the invoice.
22.2 If you return a product after approval from Spice Zen, you will receive a full refund less postage expenses. The product must be unopened.
22.3 Spice Zen will not begin to process a refund or exchange until the returned goods are received. The refunds are usually processed within 10 business days of receipt of returned goods. A refund can only be made to the credit card used to make the purchase and will be for the returned product only.
22.4 If you receive products that are damaged, defective, incorrect or after their “Best Before date”, Spice Zen will either replace the goods at our cost or refund your payment for the specified products. Photo evidence may be required when a request for replacement or refund is received.
22.5 Any issues regarding returns may be directed to our email address firstname.lastname@example.org
23. Entire agreement
23.1 These Terms and any document expressly referred to in them constitute the whole agreement between us and supersede all previous discussions, correspondence, negotiations, previous arrangement, understanding or agreement between us relating to the subject matter of any Contract.
23.2 We each acknowledge that, in entering into a Contract, neither of us relies on any representation or warranty (whether made innocently or negligently) that is not set out in these Terms or the documents referred to in them, to the maximum extent permitted by law.
23.3 To the maximum extent permitted by law, each of us agrees that our only liability in respect of those representations and warranties that are set out in this agreement (whether made innocently or negligently) will be for breach of Contract and limited to the value as per Clause 12.5.
23.4 Nothing in this clause limits or excludes any liability for fraud.
24. Variation of these Terms
24.1 We have the right to revise and amend these Terms from time to time to without giving any notice to reflect changes in market conditions affecting our business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in our system’s capabilities.
24.2 You will be subject to the policies and Terms in force at the time that you submit an Order from us, unless any change to those policies or these Terms is required to be made by law or governmental authority (in which case it will apply to Orders previously placed by you), or if we notify you of the change to those policies or these Terms before we send you an email acceptance of your Order (in which case we have the right to assume that you have accepted the change to the Terms, unless you notify us to the contrary within seven working days of receipt by you of the Products).