Terms of service

 

  1. About

    1.1 Welcome to teagramstudio.com.au (the Website), operated by Moonvera PTY LTD ACN 680133368 (Moonvera, Teagram Studio, we, us).

    1.2 Access to and use of the Website, or any of its associated products and/or services, including the subscription to the Tea Subscription Membership (coming soon) are provided by Teagram Studio. Please read these terms and conditions (the Terms) carefully.

  2. Acceptance of these Terms

    2.1 These Terms apply to the use of our Website and our products and services. By using, browsing, registering an account and paying for the products and/or services on the Website, you agree to be bound by these Terms as well as any and all general terms and conditions posted on our Website from time to time. If you do not accept these Terms, you must cease use of the Website and our products immediately.

    2.2 If you are signing up on behalf of a company, trust or partnership, you warrant that you have the authority to bind that entity to these Terms.

    2.3 You may not accept the Terms if:

    (a) you are not of legal age to form a binding contract with Teagram Studio; or
    (b) you are a person barred from receiving the products and services under the laws of Australia or other countries including the country in which you reside or from which you use the Website, products or services.

    2.4 Teagram Studio reserves the right to review and change any of the Terms by updating this page at its sole discretion. When Teagram Studio updates the Terms, it will use reasonable endeavours to provide you with notice of updates to the Terms. Any changes to the Terms take immediate effect from the date of the publication. Before you continue, we recommend you keep a copy of the Terms for your records.

  3. Services

    3.1 Teagram Studio is an online platform that provides a seamless tea shopping with its user-friendly interface and secure checkout process (the Services).

    (a) do not act as an agent or other representative of you, or any other party, in respect of the Services or your purchase or goods from Teagram Studio.
    (b) are not liable for the acts or omissions of third parties that use and access the Services, including but not limited to the Third Party Providers, the Personal Users and the Restaurant Users; and
    (c) notwithstanding clauses 3.2(a) and 3.2(b), we may receive commission or payment from third parties including but not limited to the Third Party Providers and/or the Restaurant Users.

    3.2 By using the Services, you agree and acknowledge that:

    (a) you are solely responsible for assessing the risks and implications of using the Services;
    (b) we do not, at any time, provide any warranties or guarantees regarding the Services;
    (c) these Terms do not create a relationship of employment, trust, joint venture, partnership or other relationship of a fiduciary nature between you and us; and
    (d) by using the Services, you agree to the terms and conditions of the postal and delivery partner Teagram Studio have engaged. You agree and acknowledge that you have familiarised yourself with, and agree to be bound by, the applicable terms and conditions and privacy policy of the postal and delivery partner.

  4. Account Establishment

    4.1 To access the Services, Users are required to register an account on the Website (Account);

    4.2 To establish an Account, you may be required to provide personal information about yourself, including but not limited to, the following:

    (a) full name;
    (b) date of birth;
    (c) email address;
    (d) mailing address;
    (e) telephone number;
    (f) a preferred username; and
    (g) a preferred password. 

    4.3 You agree and acknowledge that any information you provide to Teagram Studio in the course of establishing an Account will always be accurate, correct and up to date.

    4.4 You agree and acknowledge that Teagram Studio reserves the right to terminate your Account and/or suspend or terminate you from accessing the Services without notice if you provide misleading, false, deceptive, inaccurate and/or outdated personal information.

  5. Your Account Obligations

        5.1 You agree and acknowledge that:

(a) you are solely responsible for the activity that occurs under your Account;

(b) you have the sole responsibility to protect the confidentiality of your password and/or email address. You agree to immediately notify Teagram Studio at support@teagramstudio.com.au of any unauthorised use of your password or email address or any breach of security of which you have become aware. You agree and acknowledge that use of your password by any other person may result in an immediate cancellation of the Services;

(c) you will use the Website and the Services as permitted by:

(i) the Terms; and

(ii) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions;

(d) access to and use of the Website, Services and Account is non-transferable and limited to you for the purposes of us providing the Services;

(e) any use of your registration information and Content by another person, or third party, is strictly prohibited;

(f) appropriate legal action will be taken by Teagram Studio for any illegal or unauthorised use of the Website and Services;

(g) you must not:

(i) expressly or impliedly impersonate another Account at any time

(ii)use the Services or Website for any illegal and/or unauthorised use

(iii) provide false information including false names, address, contact details and Content;

(iv) use the Services or Website unlawfully or in a manner that violates these Terms and any applicable laws or regulations;

(v) circumvent or hack into any part if the Website to access data not intended for you;

(vi) interfere with the servers or networks connected to the Services and/or Website, or violate any of the policies, procedures or regulations connected to the Services and/or the Website;

(vii) engage in conduct or access the Website or Services in a way that will impose an unreasonable or large burden of traffic demands on Teagram Studio;

(viii) create derivative works of the Services or an application substantially similar or a direct copy of the Services such that confusion may occur as to which the Services are operated by Teagram Studio;

(ix) resell, distribute, transfer, modify, lease, encumber or export the software associated with the Website or the Services;

(x) copy of produce a substantially similar Service that was provided to you by us; and/or

(xi) automate the use of the Website or Services.

      6. Payment 

6.1 We may be using third party payment gateways, such as Stripe ot Shopify Payment (the Payment Gateway Provider). You agree and acknowledge that you have familiarised yourself with, and agree to be bound by, the applicable terms and conditions and privacy policy of the Payment Gateway.

6.2 If a User breaches these Terms by way of non-payment pursuant to this clause, Teagram Studio may, at its sole and absolute discretion:

(a) cease providing the Services until the payment of any outstanding fees have been made; and/or

(b) proceed to recover any outstanding fees from you by way of debt recovery action or any legal method available to Teagram Studio.

6.3 You acknowledge and agree that if Teagram Studio initiates debt recovery action then you will be liable for all debt collection costs, including legal costs (on an indemnity basis), collection agency costs and any other expenses or disbursements, including but not limited to, Land and Property Information searches, Australia Securities and Investment Commission searches, process server fees, expert reports and court/tribunal fees. You will also be liable to pay 5% interest per annum on the outstanding debt. 

6.4 You authorise Teagram Studio to share any personal information with a credit reporting agency to report any breaches of these Terms and the non-payment of any money which is due and payable pursuant to these Terms. 

      7. Refunds and Returns 

7.1 If for whatever reason you are unsatisfied with the Services or the products, please contact Teagram Studio at support@teagramstudio.com.au outlining why you believe you are entitled to a refund or a return of any fee or service or product so that we are able to determine whether a refund or return should occur.

7.2 Refunds and returns are not available for change of mind. 

7.3 Any refunds granted pursuant to this clause will be at Teagram Studio’s absolute discretion. 

      8. Intellectual Property

8.1 The Website, the Services and all of the related products of Teagram Studio are subject to copyright under the laws of Australia and through international treaties. Unless otherwise indicated, all rights (including copyright) in the content and compilation of the Website.

8.2 All custom graphics, icons, logos and service names are registered trademarks, trademarks or service marks, patents and belong to us. Unless otherwise indicated, the Terms do not transfer to you any of our or third party’s right, title, and interest in copyright, patents, trade marks or service marks.  

8.3 You are solely responsible for obtaining written permission before reusing, broad casting, republishing, posting, transmitting, distributing, showing, playing in public, adapting or changing in any way any copyrighted material that is available on our site and Website. Any unauthorised use of the materials appearing on our Website may violate copyright, trademark and other applicable laws and could result in criminal or civil penalties.

      9. Privacy 

9.1 Teagram Studio is committed to protecting your privacy as a user of our Website and Services. We respect the privacy and confidentiality of the information provided by you and adhere to the Australian Privacy Principles established in the Privacy Act 1988 (Cth). Please read our Privacy Policy at [insert link]. You may query what is being collected and change your details at any time by advising us in writing via our contact details below.

9.2 By using the Website, creating an account and/or accessing the Services, you consent to the collection, disclosure, use and storage of your personal information pursuant to our Privacy Policy. 

9.3 Any information you enter on our Website or give us in any other way, from time to time, is protected by our secure server or by a third party on our behalf using an approved secure server. You may provide information and documents (Personal Data) to enable us to send information or process your claim. We may also collect additional Personal Data at other times in order to be able to deliver our Services, including but not limited to contact lists, GPS location, passwords, feedback or communication with Teagram Studio customer support.

    10. Disclosure of Your Information 

10.1 We may from time to time need to disclose certain information, which may include your Personal Data, to comply with a legal requirement, such as a law, regulation, court order, subpoena, warrant, in the course of a legal proceeding or in response to a law enforcement agency request. Teagram Studio may also use your Personal Data to protect the rights, property or safety of Teagram Studio, its customers or third parties.

10.2 If there is a change of control in one of our businesses (whether by merger, sale or otherwise), or a sale or transfer of its assets, customer information, which may include your Personal Data, could be disclosed to a potential purchaser under an agreement to maintain confidentiality, or could be sold or transferred as part of that transaction. We would only disclose your information in good faith and where required by any of the above circumstances.

10.3 Subject to local applicable laws, Teagram Studio reserves the right to discontinue or cancel your access to the Services at any time and may suspend or deny, in its sole discretion, your access to all or any portion of the Website or the Services without notice if you breach any provision of the Terms or any applicable law or if your conduct damages Teagram Studio’ name or reputation or violates the rights of those of another party.

10.4 Upon the termination of the customer’s account, all of the legal rights, obligations and liabilities that you and Teagram Studio have benefited from, been subject to (or which have accrued over time whilst the Terms have been in force) or which are expressed to continue indefinitely, will be unaffected by this cessation, and the provisions of this clause will continue to apply to such rights, obligations and liabilities indefinitely.

     11. Liability

11.1 None of the affiliates, directors, officers, employees, agents, contributors and licensors of Teagram Studio make any express or implied representation or warranty about the Services or any products or services referred to on the Website. This includes, but is not limited to, loss or damage you might suffer as a result of the following:

(a) failure of performance, error, omission, interruption, defect, failure to correct defects, delay in operation or transmission, computer virus or other harmful component, loss of data, communication line failure, unlawful third party conduct, or theft, destruction, alteration or unauthorised access to records;

(b) the accuracy, suitability or currency of any information on the Website, the Services, or any of its services related products (including third party material and advertisements on the Website); 

(c) costs incurred as a result of you using the Website, the Services or any of the products and/or services of Teagram Studio;

(d) a suspension of your account due to your breach of the Terms; 

(e) the Services or operation in respect to links which are provided for your convenience; and

(f) harm resulting from the violation of or alleged violation of any applicable retail, food or other health and safety codes, rules and regulations in the provision of the Services. 

11.2 In all cases, our liability arising out of or in connection with the Services or these Terms, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, is limited to the amount paid by you for the Fee.

11.3 Our failure to exercise or enforce any right or provision of these Terms does not constitute a waiver of such right or provision.

11.4 You agree and acknowledge that Teagram Studio, its affiliates, employees, agents, contributors, agents, third party content providers and licensors will not be liable to you for any direct, indirect, incidental, special, consequential or exemplary damages, or consequential loss, loss of profits, goodwill, or business reputations which may be incurred by you, however caused and under any theory of liability. 

11.5 You agree and acknowledge that Teagram Studio holds no liability for any direct, incidental, special consequential or exemplary damages which may be incurred by you as a result of providing your Content on the Website. 

     12. Disclaimer

12.1 Use of this Website is at your own risk and Teagram Studio is not liable for any loss, damage or disclosure of any personal information that may result from its use. 

12.2 Nothing in these Terms limits or excludes any guarantees, warranties, representations or conditions implied or imposed by law, including Australian Consumer Law (or any liability under them) which by law may not be excluded.

(a) if you are not a Consumer (under the Australian Consumer Law), you agree that Teagram Studio has no direct or indirect liability (including in negligence) to you in any way related to your use of the Website or the Services; 

(b) if you are a Consumer (under the Australian Consumer Law), Teagram Studio limits all its direct and indirect liability (including in negligence) to you to the Consumer Guarantees under the Australian Consumer Law; and

(c) where there is a breach of the Consumer Guarantees, then to the maximum extent permitted by law, Teagram Studio’s liability to you is limited to resupply of the Services or payment of the cost of re-supplying the Services.

12.3 Subject to this clause and to the extent permitted by law:

(a) Teagram Studio excludes all representations, warranties or guarantees, whether express or implied, by statute, trade or otherwise; and

(b) Teagram Studio will not be liable for any special, indirect or consequential loss or damage (unless such loss or damage is reasonably foreseeable resulting from our failure to meet an applicable Consumer Guarantee), loss of profit or opportunity, or damage to goodwill arising out of or in connection with the Services or these Terms (including as a result of not being able to use the Services or the late supply of the Services), whether at common law, under contract law, tort (including negligence), in equity, pursuant to statute or otherwise.

      13. Indemnity

13.1 You agree to indemnify Teagram Studio, its affiliates, employees, agents, contributors, third party content providers and licensors from and against all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) incurred, suffered or arising out of or in connection with:

(a) all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) incurred, suffered or arising out of or in connection with the Services;

(b) any breach of these Terms; 

(c) any wilful misconduct by us; 

(d) any unlawful or negligent act or omission by you; or

(e) any direct or indirect consequences of you accessing, using or transacting on the Website or the Services or attempts to do so. 

13.2 This indemnity will survive termination of these Terms.

     14. General 

14.1 You agree and acknowledge that the Website, and any associated website we own, may use third party vendors and hosting partners to provide the necessary software, hardware, service and storage, as well as anything related to running the Website.

14.2 Unless otherwise specified, the Website and associated Services are for your personal and own business use. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell any information, software, products or Services obtained from the Website, which are not your own intellectual property.

14.3 You also agree you will not transmit any viruses, malware, worms, etc. of any kind and that you will not upload, post, host or transmit unsolicited material or messages.

     15. Governing Law and Jurisdiction

15.1 The Terms are governed by the laws of Victoria, Australia. Any dispute, controversy, proceeding or claim of whatever nature arising out of or in any way relating to the Terms and the rights created hereby will be governed, interpreted and construed by, under and pursuant to the laws of Victoria, Australia, without reference to conflict of law principles, notwithstanding mandatory rules. The validity of this governing law clause is not contested. The Terms will be binding to the benefit of the parties hereto and their successors and assigns.

      16. Notice

16.1 Teagram Studio may provide any notice to you under the Terms by sending a message to your email address. The notice provided by Teagram Studio to you by email will be deemed to have been properly given on the date Teagram Studio sends the email, regardless of whether you have received the email. 

16.2 Unless specified otherwise, any notices provided by you to Teagram Studio must be in writing and be delivered either in person, or via registered post to support@teagramstudio.com.au. Notices provided by registered post will be deemed to have properly given three days after they are posted (if posted). 

     17. Severance

18.1 If any part of the Terms is found to be void or unenforceable, that part will be severed and the rest of the Terms will remain in force.

     18. Waiver

18.1 A waiver of any right, power or remedy under these Terms must be in writing signed by the party granting it. 

18.2 A waiver is only effective in relation to the particular obligation or breach in respect of which it is given. It is not to be taken as an implied waiver of any other obligation or breach or as an implied waiver of that obligation or breach in relation to any other occasion.

18.3 The fact that a party fails to do, or delays in doing, something the party is entitled to do under these Terms does not amount to a waiver.

     19. Assignment

19.1 Teagram Studio may assign or transfer its rights or obligations under the Terms without your consent. 

19.2 You may not assign or transfer your rights or obligations under the Terms without prior written consent of Teagram Studio. A purported assignment without written consent will be deemed to be void and convey no rights. 

     20. Links

20.1 Our Website and correspondence to you may contain links to other websites. These links are meant for your convenience only. Please be aware that Teagram Studio is not responsible for the privacy practices of such other websites. We encourage our users to be aware, when they leave our Website, to read the privacy statements of each and every website that collects personally identifiable information. This privacy statement applies solely to information collected by this Website.

    21. Email Communication

21.1 Teagram Studio may also provide you with information and updates regarding our Website and changes to the law from time to time. Teagram Studio may also make you aware of their new and additional products and Services via email. This service is for free and you can unsubscribe at any time.

     22. Changes to our policies

22.1 We reserve the right to modify our policies at any time, including these Terms and our Privacy Policy, in our sole discretion. All modifications will be effective immediately upon our posting of the modifications on this Website.

     23. Questions or Complaints 

23.1 If at any time you have a question about what information we hold about you, wish to change your personal details or have a complaint or concern, please contact us at support@teagramstudio.com.au. 

23.2 Please return periodically to policies for material change