These Terms of Use (“Terms”) govern your use of our website located at www.prodjuice.com.au (“Site”) and form a binding contractual agreement between you, the user of the Site and us, Prodjuice Pty Ltd, ABN 15 166 335 342. For that reason these Terms are important and you should ensure that you read them carefully and contact us with any questions before you use the Site. You can contact us at info@prodjuice.com.au. By using the Site you acknowledge and agree that you have had sufficient chance to read and understand the Terms and you agree to be bound by them. If you do not agree to the Terms, please do not use the Site. You also acknowledge & accept our Privacy Policy.

1. Licence to use Site

1.1 We grant you a non-exclusive, worldwide, non-transferable licence to use the Site in accordance with the terms and conditions set out in this Agreement.

1.2 You may access and use the Site (including any incidental copying that occurs as part of that use) in the normal manner and may also print one copy of any page within the Site for your own personal, non-commercial use.

1.3 You must not add any content to the Site: (a) unless you hold all necessary rights, licences and consents to do so; (b) that would cause you or us to breach any law, regulation, rule, code or other legal obligation; (c) that is or could reasonably be considered to be obscene, inappropriate, defamatory, disparaging, indecent, seditious, offensive, pornographic, threatening, abusive, liable to incite racial hatred, discriminatory, blasphemous, in breach of confidence or in breach of privacy; (d) that would bring us, or the Site, into disrepute; or (e) that infringes the intellectual property or other rights of any person.

1.4 The Site may contain links to other websites as well as content added by people other than us. We do not endorse, sponsor or approve any such user generated content or any content available on any linked website.

1.5 You acknowledge and agree that: (a) we retain complete editorial control over the Site and may alter, amend or cease the operation of the Site at any time in our sole discretion; and (b) the Site will not operate on a continuous basis, and may be unavailable from time to time (including for maintenance purposes).

2. Intellectual Property Rights

2.1 Nothing in these Terms constitutes a transfer of any intellectual property rights. You acknowledge and agree that, as between you and us, we own all intellectual property rights in the Site.

2.2 By posting or adding any content onto the Site, you grant us a perpetual, non-exclusive, royalty-free, irrevocable, worldwide and transferable right and licence to use that content in any way (including, without limitation, by reproducing, changing, and communicating the content to the public) and permit us to authorise any other person to do the same thing.

2.3 You consent to any act or omission which would otherwise constitute an infringement of your moral rights, and if you add any content in which any third party has moral rights, you must also ensure that the third party also consents in the same manner.

2.4 The licence in clause 2.3 will survive any termination of these Terms.

2.5 You represent and warrant to us that you have all necessary rights to grant the licences and consents set out in clauses 2.2 and 2.3.

4. Liability

4.1 To the full extent permitted by law, we exclude all liability in respect of loss of data, interruption of business or any consequential or incidental damages.

4.2 To the full extent permitted by law, we exclude all representations, warranties or terms (whether express or implied) other than those expressly set out in these Terms.

4.3 These Terms are to be read subject to any legislation which prohibits or restricts the exclusion, restriction or modification of any implied warranties, conditions, guarantees or obligations. If such legislation applies, to the extent possible, we limit our liability in respect of any claim to, at our option: (a) in the case of goods: (i) the replacement of the goods or the supply of equivalent goods; (ii) the payment of the cost of replacing the goods or of acquiring equivalent goods; or (b) in the case of services: (i) the supply of the services again; or (ii) the payment of the cost of having the services supplied again.

5. Termination

5.1 These Terms terminate automatically if, for any reason, we cease to operate the Site.

5.2 We may otherwise terminate these Terms immediately, on notice to you, if you have breached these Terms in any way.

6. Online Terms of Sale

6.1 You may purchase goods & services online from the site. All purchases are subject to the Terms of Sale.

6.2 All prices displayed on this website are In AUD.

6.3 Any purchase from the online store is confirmed when you complete payment for the items and delivery and payment is received by Prodjuice Pty Ltd.

6.4 Payment must be made by PayPal or credit card.

7. Delivery

7.1 Prodjuice shall advise you of any delivery fees at the time of ordering.

7.2 Prodjuice only delivers within Sydney. Unless other arrangements are made with us prior to ordering.

7.3 You must provide us with accurate delivery information. We will only deliver to a physical address, not a P.O. box.

7.4 Orders will be delivered on a date agreed upon by Prodjuice & you prior to, or when payment is made.

7.5 We will advise you of times between which delivery will be made. This is the Delivery Window. You must advise us immediately if the Delivery Window will result in you not being able to refrigerate your products within 1 hour after the end of the Delivery Window (eg if the Delivery Window is 6pm to 7pm, you must be able to refrigerate your product by 8pm).

7.6 Orders will be delivered to the entrance of the Delivery Address. If no one is available to take delivery of your order we will leave it near the entrance of the Delivery Address.

7.7 You agree to take on the risk for the goods, such as loss or damage, when the goods reach the Delivery Address.

7.8 After taking delivery of the Order, you agree to examine the goods and notify us immediately if there is any defect in the goods.

7.9 Under no circumstances will Prodjuice be liable for any cost, loss or damage caused by a delay in delivery, including incorrect delivery details provided by you.

7.10 Any discrepancies with your delivery must be advised to Prodjuice in writing within 24 hours of the delivery (or scheduled delivery if the delivery has not arrived). Prodjuice takes no responsibility for delivery problems outside of this 24 hours window.

8. Refrigeration & Consumption

8.1 You must refrigerate our products. It is your responsibility to ensure that delivered products are refrigerated as soon as possible, and within 1 hour from the end of the Delivery Window.

8.2 You must not consume products that have remained unrefrigerated for more than 4 hours.

8.3 Our juices are guaranteed fresh for 4 days. Do not consume our juices more than 4 days after the Delivery Date.

9. Refunds

9.1 Prodjuice shall provide a refund or exchange on an Order where (without limitation): – A product has exceeded its “best before” date when received by you; – An incorrect product was sent to you; or – The product is faulty or damaged in some way upon receipt by you.

9.2 To receive a refund or exchange you must: – Before midday of the day following the Delivery Date notify us by email (info@prodjuice.com.au) with the problem with the Order, at which time you’ll be given instructions on how to return the items, if necessary, to Prodjuice.

9.3 Prodjuice will not accept returns, nor offer an exchange or refund, where: – You have chosen incorrectly or mistakenly; – You have changed your mind; – You do not like the taste of the product; or – You have incorrectly treated or stored the product. – Prodjuice reserves the right to decide whether or not to make an exchange or refund.

9.4 You may cancel your Order no later than 48 hours before your Delivery Date. Refunds will not be available for cancellations made after this time.

10. Juice subscriptions

10.1 Prodjuice takes no responsibility for the Paypal subscription gateway. Any issue within this gateway must be taken up by the customer with Paypal.

10.2 You must take responsibility for the management of your subscription, ie; holds, cancelations, payment etc.

10.3 To put your subscription on hold you must advise us in writing at least 72 hours prior to your delivery day.

10.4 To cancel your subscription you must advise us in writing at least 72 hours prior to your delivery day.

10.5 To make any changes to you subscription, ie; product changes, delivery address changes, delivery day changes – please advise us in writing with at least 72 hours notice prior to your delivery day.

11. Health – you acknowledge and accept that;

11.1 Our products have not been pasteurised or heat treated.

11.2 Our products may not be suitable for everyone due to the unpasteurised nature of the product. Our products should not be used by pregnant or breastfeeding women or those with weakened immune systems. If you have any concerns, are taking specific medication or have a medical condition please seek medical advice before using our products.

11.3 You must not consume our products if you have allergies that result in anaphylaxis (or similar) or if you are a diabetic who is insulin dependent. It is your responsibility to inform us if you suffer any of these conditions before you place an Order.

11.4 Our products are made in a kitchen that also handles nuts. Should you have known allergies to nut products exercise caution prior to consumption, as there is always the likelihood of some traces of nuts being present

11.5 Any information published on the site and other information that we send you does not constitute medical advice.

11.6 We do not make any health claims about our products.

12. General

12.1 You must not assign, sublicense or otherwise deal in any other way with any of your rights under these Terms.

12.2 If a provision of these Terms are invalid or unenforceable it is to be read down or severed to the extent necessary without affecting the validity or enforceability of the remaining provisions.

12.3 Each party must at its own expense do everything reasonably necessary to give full effect to this Agreement and the events contemplated by it.

12.4 This Agreement is governed by the laws of New South Wales and each party submits to the jurisdiction of the courts of New South Wales.

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