terms & conditions

Acceptance of Terms

TERMS OF SERVICE

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OVERVIEW

This website is operated by TeaEsk. Throughout the site, the terms “we”, “us” and “our” refer to TeaEsk. TeaEsk offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.

SECTION 1 - ONLINE STORE TERMS

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of your Services.

SECTION 2 - GENERAL CONDITIONS

We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES

Prices for our products are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

SECTION 5 - PRODUCTS OR SERVICES

Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.
We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate.
We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

Cancellation of a subscription service will commence after the billing period. There are no refunds on the subscription. To cancel your subscription either login to the subscription or contact melissa@teaesk.com.au . If a subscription has already been charged, you will not be refunded however all future charges will be cancelled. 

SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

For more detail, please review our Returns Policy.

SECTION 7 - OPTIONAL TOOLS

We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.

SECTION 8 - THIRD-PARTY LINKS

Certain content, products and services available via our Service may include materials from third-parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

SECTION 9 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

SECTION 10 - PERSONAL INFORMATION

Your submission of personal information through the store is governed by our Privacy Policy. To view our Privacy Policy.

SECTION 11 - ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

SECTION 12 - PROHIBITED USES

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

SECTION 13 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall TeaEsk, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

SECTION 14 - INDEMNIFICATION

You agree to indemnify, defend and hold harmless TeaEsk and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

SECTION 15 - SEVERABILITY

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

SECTION 16 - TERMINATION

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

SECTION 17 - ENTIRE AGREEMENT

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

SECTION 18 - GOVERNING LAW

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of New South Wales.

SECTION 19 - CHANGES TO TERMS OF SERVICE

You can review the most current version of the Terms of Service at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

SECTION 20 - CONTACT INFORMATION

Questions about the Terms of Service should be sent to us at melissa@teaesk.com.au.


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TeaEsk Gift Card Terms and Conditions of use

Gift Card Overview

The Terms of Use govern the use of your TeaEsk Gift Card and we reserve the right to amend these Terms of Use, at our discretion, from time to time.  Below is the most recent version of the TeaEsk Gift Card Terms and Conditions, please contact us at melissa@teaesk.com.au should you have any queries.  We recommend that you read these conditions carefully before using your TeaEsk Gift Card.

Gift Card Definitions and Interpretation

In these Terms of Use, the following definitions and interpretations apply:

  1. Words importing the singular number include the plural and vice-versa and words importing any gender include all other genders.
  2. Headings are for reference only and shall not affect the construction of these Terms of Use.
  3. Any reference to “dollars” or “$” is a reference to Australian currency, unless otherwise stated.

 

Gift Card Acceptance of Terms of Use

 These Terms of Use apply to every TeaEsk Gift Card.

By purchasing, Redeeming or attempting to Redeem a TeaEsk Gift Card or enquiring as to the Card Balance on a TeaEsk Gift Card, you:

  1. accept and agree to be bound by these Terms of Use;
  2. acknowledge that you have read and understood the TeaEsk Privacy Policy; and
  3. warrant to us that you will comply with these Terms of Use and all applicable laws and that the TeaEsk Gift Card will not be used in any manner which is unlawful, misleading, deceptive, unfair or otherwise harmful to consumers.

If you intend to give a TeaEsk Gift Card to another person, you should ensure that the person is aware of these Terms of Use and the Expiry Date.

Purchasing a TeaEsk Gift Card

TeaEsk Gift Cards can be purchased online via the Website. 

 At our absolute discretion, we may change the minimum and maximum amounts of credit that can be loaded on TeaEsk Gift Card.  If we decide to change these amounts, we will publish a notice advising of any such changes on the Website.

There may be a delay between when credit is loaded onto a TeaEsk Gift Card and when the TeaEsk Gift Card is activated by our point of sale system. During the period of delay, the TeaEsk Gift Card can not be used to make purchases or to enquire as to the Card Balance.

Your TeaEsk Gift Card is valid for use 12 months from date of purchase.

Any remaining or unspent credit cannot be used or Redeemed after the expiry date.

Redeeming your TeaEsk Gift Card

Your TeaEsk Gift Card can be Redeemed for goods and services from TeaEsk Website up to the amount of the Card Balance.  Any credit Redeemed is deducted from the Card Balance.

Where the price of the goods or services being purchased with a TeaEsk Gift Card exceeds the Card Balance, you must pay the amount exceeding the Card Balance by an alternative method, subject to acceptance of such alternative method by the Website or the TeaEsk store in its absolute discretion (whichever is applicable).

The resale of TeaEsk Gift Cards is strictly prohibited, except with our prior written consent.  Subject to our prior written consent, TeaEsk Gift Cards can not be sold for more than the value of the credit which was originally loaded on to it.  TeaEsk Gift Cards which are resold in breach of this clause will be invalid with the result that purchasers of such TeaEsk Gift Cards will not be able to use or Redeem the Card Balance on their TeaEsk Gift Card.

The use of TeaEsk Gift Cards is restricted to the purchase of standard retail quantities of TeaEsk goods and services.

No re-loading of TeaEsk Gift Cards and no cash advances

Credit may be loaded on to a TeaEsk Gift Card only once.  Once the Card Balance of a TeaEsk gift Card has reached a nil balance, it can not be reused, re-loaded or re-activated.

You can not obtain any cash advance with a TeaEsk Gift Card or Redeem (in whole or in part) a TeaEsk Gift Card for cash.

Gift Card Balance enquiries

 You can check the Card Balance, Expiry Date and transaction history of your TeaEsk Gift Card by speaking to one of our staff in-store, visiting our Website or contacting us at melissa@teaesk.com.au

To make any of the above enquires; you must provide the Serial Number and the PIN of the TeaEsk Gift Card.

Lost, stolen or damaged TeaEsk Gift Cards

You must treat your TeaEsk Gift Card like cash.  If your TeaEsk Gift Card is lost, stolen or damaged, please contact the TeaEsk store from which you purchased the TeaEsk Gift Card or the person or organisation who gave you the TeaEsk Gift Card.  However, we have no obligation to replace the lost, stolen or damaged TeaEsk Gift Card or reimburse you for the amount of the Card Balance on such TeaEsk Gift Card except where the TeaEsk Gift Card is proven to be faulty or damaged as a result of the production process or otherwise due to the fault of us, our agents or contractors and we have breached any condition or warranty implied under any relevant and applicable consumer protection legislation which can not be excluded in these Terms of Use.

We reserve the right to deactivate your TeaEsk Gift Card if:

(a) you inform us that your TeaEsk Gift Card has been lost, stolen or damaged; or

(b) we reasonably believe that you have used, or will use, your TeaEsk Gift Card in breach of these Terms of Use.

Gift Card Liability

You are responsible for the use and safety of your TeaEsk Gift Card and are liable for all transactions made on your TeaEsk Gift Card, except to the extent to which there has been fraud or negligence by us or any of our employees.

We are not liable to you for any loss or damage (whether direct, indirect, consequential or special) either in negligence, other tort, breach of contract, breach of warranty or for any other reason or cause whatsoever, arising out of or in connection with a TeaEsk Gift Card, these Terms of Use or your use of the Website, including any loss or corruption of data, interference with or damage to your computer or any interruption, delay or failure in the Website.

The exclusion of our liability in above only applies to the extent permitted by law.  Where any relevant and applicable consumer protection legislation implies any condition or warranty that can not be excluded in these Terms of Use, we limit our liability for breach of any such implied conditions or warranties to the re-supply of the services (or costs thereof).  Any liability we have to you will be reduced by the extent (if any) to which you caused or contributed to the loss or damage.  This will apply even after these Terms of Use are no longer in effect.

Gift Card Relationship with TeaEsk

TeaEsk Gift Cards may be used as personal or business gifts but may not be used in connection with any marketing, advertising or other promotional activities (including, without limitation, internet advertisements, emails, websites, telemarketing, direct mail, newspaper and magazine advertisements and radio and television broadcasts) unless you have obtained our prior written consent.  TeaEsk Gift Cards that are used in marketing, advertising or other promotional activities in breach of this will be invalid with the result that recipients of such TeaEsk Gift Cards will be unable to Redeem the credit loaded on the TeaEsk Gift Cards.

Use of our name or brands or any names, logos or design in relation to TeaEsk Gift Cards (except when used in connection with the purchase or use of TeaEsk Gift Cards pursuant to these Terms of Use), is strictly prohibited.

You must not use a TeaEsk Gift Card in any manner that states or implies that any person, website, business, product or service is endorsed, sponsored or otherwise affiliated with us or any of our subsidiaries or affiliates.

Gift Card Questions and complaints

If you would like more information about using your TeaEsk Gift Card or if you wish to make a complaint in relation to your TeaEsk Gift Card, please email us at melissa@teaesk.com.au

Any complaints about goods or services purchased with a TeaEsk Gift Card should, in the first instance, be resolved directly with the store from which the goods or services were purchased.

Gift Card General Provisions

These Terms of Use are governed by and will be construed in accordance with the applicable law in the State of New South Whales, Australia, irrespective of where a TeaEsk Gift Card is purchased or used.  In any action or other legal process with respect to any matter or thing in connection with these Terms of Use, you irrevocably submit to the authority of the Courts having jurisdiction in the State of New South Whales, Australia.

Nothing in these Terms of Use affects any rights you may have and which by law cannot be excluded including the Competition and Consumer Act 2010.

If part of all of any clause of these Terms of Use is illegal, invalid or unenforceable then it will be read down to the extent necessary to ensure that it is not illegal, invalid or unenforceable, but if that is not possible, it will be severed from these Terms of Use