Website Terms Of Use

TERMS AND CONDITIONS

This website is owned and operated by The Blue Pod Coffee Co Pty Ltd (ACN 114 872 043;). Your access to this website is governed by these Terms and Conditions, Privacy Policy, Copyright Notice, Disclaimer, and any other rules and conditions within the website (known collectively as the "Terms of Use").

BY CLICKING ON THE "AGREE AND CONTINUE" BUTTON ON THE REGISTRATION PAGE, YOU AGREE TO BE BOUND BY THESE TERMS OF USE

1. Definitions

The following defined terms appear in these Terms of Use:

"You or Your" - A customer that applies to use, or registers to use, or uses, the Service.

“Payment Instrument” - The credit card or debit card that is registered by you for the Service to facilitate the processing of Payment Transactions.

“Payment Transaction” - The processing of a payment for the Service that results in the debiting or charging of the Purchase Amount to a Payment Instrument.

“Product” - Any merchandise, good or service that is listed for sale that you may pay for using the Service.

“Service”- Provision of a free on Loan Equipment with the aim of transferring ownership on the successful completion of Capsule Purchase Plan.

“Purchase Amount” - The dollar amount of a Payment Transaction to pay for a Product, and any related fees, taxes or shipping charges, as applicable.

“We or Us” – The Blue Pod Coffee Co Pty Ltd (ACN 114 872 043; ABN 94 253100904 ).

“Loan Equipment” - –The Lavazza Coffee machine as selected in the Capsule Purchase Plan.

“Capsule Purchase Plan” - –The coffee purchase plan as selected from the Capsule and Equipment Selection Portal.

“Capsule & Equipment Selection Portal” - The web page on this site in which you select the preferred coffee machine and preferred coffee selection.

2. Requirements for Registration

2.1 In order to use the Service, you must complete all required information fields on the Capsule & Equipment Selection Portal. You must register a valid credit card as a Payment Instrument to make the Payment Transactions and pay fees and other obligations arising from you using the Service. You must provide current, complete and accurate information and maintain it as current and accurate.

2.1. You authorize us to confirm that Your Payment Instrument is in good standing with the issuing financial institution, including, but not limited to, by submitting a request for a payment authorization.

2.2. By agreeing to these Terms for Use, you represent that you are:

· 18 years old or older; and

· capable of entering into a legally binding agreement.

If you are a business entity, you also represent that:

· You are duly authorized to do business in the country or countries where You operate; and

· Your employees, officers, representatives, and other agents accessing the Service are duly authorized to access the Service and to legally bind You to these Terms of Use and all transactions conducted under your username and password.

3. Username and Password Information

3.1. You are responsible for:

(a) maintaining the confidentiality of your username and password;

(b) any and all transactions by persons that you give access to or that otherwise use such username or password; and

3.2. You agree to notify us immediately of any unauthorized use of your username or password or any other breach of security regarding the Service of which you have knowledge

4. Notice of disclosure of your credit information to a credit reporting agency

4.1 We may give information about you to a credit reporting agency for the following purposes:

(a) to obtain a consumer credit report about you, and/or

(b) allow the credit reporting agency to create or maintain a credit

information file containing information about you.

4.2 This information is limited to:

(a) identity particulars - Your name, sex, address (and the previous two

addresses), date of birth, name of employer, and drivers license

number

(b) Your application for credit or commercial credit - the fact that you have

applied for credit and the amount

(d) loan repayments which are overdue by more than 60 days, and for

which debt collection action has started

(e) advice that your loan repayments are no longer overdue in respect of any default that has been listed

(f) information that, in our opinion of that you have committed a serious credit infringement (that is, acted fraudulently or shown an intention not to comply with your credit obligations)

(g) dishonoured cheques - cheques drawn by You for $100 or more which have been dishonoured more than once

4.3 Period to which this understanding applies:

(a) This information may be given before, during or after the provision of credit to you.

(b) Default Listing is specified in Section 18K 1 (n) of the Privacy Act

5. Privacy

5.1 You understand and agree that personal information provided to us in connection with the Service is subject to the Service’s Privacy Policy

6. Use of Electronic Communications

6.1. We may communicate with you regarding these Terms of Use (including revisions or amendments) and the Service by means of electronic communications, including:

(a) sending electronic mail to the email address you provided during registration, or as revised by you in accordance of the Terms of Use; or

(b) posting notices or communications on the customer contact section of this web site.

6.2. Electronic communications shall be deemed received by you when we send the electronic communication or when we post the electronic communication on our customer contact section of the web site.

6.3. For those communications or records that we are otherwise required under applicable law to provide in a written paper form to you, You agree that to the extent legally permissible we may provide such communications or records by means of electronic communications. The following additional terms will apply to such electronic communications:

(a) You may contact us through the contact page to request another electronic copy of the electronic communication without a fee.

(b) You may contact us through the contact page to update Your registration information used for electronic communications or to withdraw consent to receive electronic communications.

7. Order Confirmation and Delivery

7.1. After ordering, you will receive an electronic mail confirmation of order details, normally within a few minutes of receipt of Your order.

7.2. We will use best endeavor to dispatch the Product within 2 working days of order receipt to location provided at the registration web page.

7.3. As delivery is by third party couriers and as such we are not responsible or liable for their actions or any loss or delay in the delivery of the Products.

8. Refund Policy

8.1. If for any reason You are not completely satisfied with Your purchase or Product You have a 14 day money-back guarantee from the time You receive the Product. provided that:

(a) You email us within the time that you are not satisfied with the Product so that we can resolve any problems; and

(b) Products must be returned at your own expense in their original condition to a location nominated by us.

Please see our refund policy in more detail on our site

9. Charges

9.1. You are responsible for all payments as set out in the Capsule Purchase Plan nominated by you.

9.2. There are different payment options. You will be charged according to your nominated Payment Instrument. You will be automatically charged to the nominated credit card details provided by you unless otherwise notified by You.

9.3. Product will be dispatched and charged every three months according to the plan selected via the Capsule Selection Portal of the web site.

9.4. You will be charged:

(a) According to the option nominated by You;

(b) Automatically to your nominated Payment Instrument unless otherwise notified by you at the time of the payment.

9.5. It is required that you insure the Loan Equipment against theft, fire and all other normal risks for its replacement value or for an amount and for risks nominated by us from time to time.

10. Equipment

10.1. The Loan Equipment remains our property until you have fulfilled your obligations under the Capsule Purchase Plan.

10.2 We maintain our rights to retrieve the Loan Equipment if you have not fulfilled your obligations under a Capsule Purchase Plan.

10.3 In the event we are entitled to retrieve the Loan Equipment, you authorise us to enter without notice and without further consent the premises where the Loan Equipment is located in order to recover possession of the Loan Equipment and we and our agents shall not be responsible for any trespass or loss or damage suffered in connection with the entry to such premises for the retrieval of the Loan Equipment.

10.4 You must:

(a) keep the Loan Equipment at the premises nominated in your registration;

(b) use the Loan Equipment only in accordance with the manufacturers guidelines and Our instructions;

(d) not attempt to rectify or repair any faults or damage to the Loan Equipment without our consent; and

(e) pay us for the replacement value of the Loan Equipment if it is lost, destroyed or damaged while in your possession.