TERMS OF USE

1. General
   • These Terms apply to the use of Flavour Creations Website, including the use of the Content, services or applications made available to you via the Website.
   • By accessing the Website you agree and acknowledge that your access and use of the materials, information and products provided on the Website is governed by the Terms and must be read in conjunction with any other applicable terms and conditions of use governing the use of the Website. “). If you disagree with any of the Terms, please discontinue using this Website.

1. Definitions
   • “Content” means the written, visual and audio content, information and materials published on or made available through the Website;
   • “Flavour Creations” means Flavour Creations Pty Ltd (ABN 73 078 198 320) (also referred to herein as “we”, “us” or “our);
   • “Products” means any products provided by Flavour Creations and which are made available for sale via the Website;
   • “Terms” means these terms and conditions of use;
   • “Website” means www.flavourcreations.com.au and any other websites on which these Terms appear; and
   • “you” means the person, jointly and severally if more than one, using the Website or purchasing the Products.
2. Application of the Terms
   • The Website is owned and operated by Flavour Creations.
   • Through the Website you can:
     • purchase the Products; and
     • access Content.
   • We reserve the right to vary or modify the Content, Products or other information contained on or available via the Website and to change or discontinue any feature or part of the Website, without notice and without liability.
3. Links to External Websites
   • This Website may contain links to external websites for your convenience. Flavour Creations does not have control over external websites and cannot be responsible for the content or accuracy of information contained on these websites. Unless expressly stated, the provision of a link to an external website should not be construed as an endorsement, recommendation, preference or approval of that website or any products or services on that website. We will not accept any liability for your access, use or reliance of those websites.
4. Intellectual Property Rights
   • The Content contained on this Website is protected by copyright, trade mark and other intellectual property laws as applicable. Our name, logos and any other promotional materials or graphics contained on this Website may not be used without our written consent. The Website also contains trademarks, graphics and information which our suppliers and affiliates hold copyright in and you agree that all the Content displayed on or available through this Website, are protected by copyright, trade mark and other intellectual property laws as applicable and are listed on this Website purely for your personal use only. You cannot copy, modify, alter, download, publish, broadcast, distribute, sell or transfer any information or Content on this Website unless provided for with our express written permission.
5. Prohibited Conduct
   • You agree, acknowledge and understand that in accessing the Website you must not:
     • act in any way which breaches the Terms;
     • use a username and/or password that does not belong to you;
     • supply, or attempt to supply, false or misleading information, or make a misrepresentation about your personal information or Flavour Creations, our subsidiaries and other related companies;
     • tamper with, hinder the operation of, or make any unauthorised modifications to the Website;
     • transmit any viruses, trojans, worms, defects or any other disabling feature to the Website;
     • use any search/data retrieval application, spider or any other device to retrieve or index any portion of the Website;
     • reformat or border any portion of the Website;
     • create fraudulent user account(s) or create account(s) by automated means;
     • use the Website to violate any network security, crack any encryption codes or transfer or store any illegal materials;
     • perform any act or do anything which imposes or is likely to impose an unreasonable or disproportionably large load on our IT infrastructure;
     • perform attacks, including denial of service attacks, which cause our Website to crash or become inaccessible; or
     • use this Website for any purpose that is unlawful, illegal or prohibited by the Terms whatsoever.
   • If you violate any of the Terms, your permission to use this Website immediately terminates without the necessity of any notice. Flavour Creations, at its sole discretion, retains the right to deny access to this Website to anyone for any reason, including for violation of the Terms.
6. Feedback/review messages
   • Our Website may enable you to post comments (for example, on blogs, forums or other public areas). You are responsible for all comments that you post (or that are posted using your username and password). You must not post any comment that:
     • is inflammatory (commonly referred to as ‘trolling’);
     • is xenophobic, racist, abusive, harassing or hateful;
     • is false, defamatory, inaccurate, threatening, invasive of a person’s privacy, or constitutes personal abuse directed at other users;
     • is obscene, sexually explicit or pornographic, or contains links to other sites that contain or promote obscene, sexually explicit or pornographic material;
     • constitutes commercial advertising, the promotion of gambling or the promotion of your own site (commonly referred to as ‘spamming’);
     • infringes someone else’s copyright or other intellectual property rights, or
     • violates any applicable law.
   • We welcome and value your comments and feedback regarding the Website. However, please note that any communications including but not limited to comments, feedback, notes, reviews, ideas or suggestions shall be regarded as and shall remain for an indefinite period into the future, the property of Flavour Creations. By submitting such communications to us you are assigning all your rights, titles and interests in all copyrights and other intellectual property rights in the comments and Flavour Creations will be entitled to use, reproduce, disclose, publish and distribute any communications to submit for any purpose, without restriction and without compensation of any kind.
7. Limitation of Liability and Disclaimer
   • The Content on this Website is provided for your convenience. To the extent permitted by law, Flavour Creations makes no warranties of any kind regarding this Website including but not limited to warranties about the reliability, accuracy, fitness for purpose, merchantability or completeness of any Content contained on the Website or that your access and use of the Website will be uninterrupted or error or virus free. The Content is provided by us in good faith on an “as is” basis without warranty of any kind.
   • We reserve the right to remove any of the Products, which we offer on the Website with or without notice at any time. We will not be liable or responsible if for any reason any or all of the Products are unavailable at any time or for any period.
   • We provide no warranty as to any results or outcomes associated with purchasing and using the Products.
   • To the extent permitted by law, Flavour Creations, employees or agents are not liable to you or any other party for any:
     • loss or claim of any kind (including, without limitation, consequential or economic loss or loss of profits), arising under or in connection with the Terms; and
     • loss, damage or inconvenience suffered due to the unavailability, withdrawal, of any Product or Content or other material or data from or on or made available via the Website, or for any use of or reliance on any Product or Content.
   • Notwithstanding the above, nothing in the Terms is to be interpreted as excluding, restricting or modifying the application of the Australian Consumer Law or any other State or Federal legislation applicable to the sale of goods or services which cannot be so excluded, restricted or modified, or your rights or remedies against us for failure of a statutory guarantee under applicable law.
8. Indemnification
   • Flavour Creations reserves the right to report any wrongdoing, if and when it becomes aware of it, to any applicable government or law enforcement agencies. You agree to indemnify, defend and hold Flavour Creations, its and their officers, directors, employees, affiliated or related entities, agents, licensors, and suppliers, harmless from and against any and all claims, demands, actions, costs, liabilities, losses and damages of any kind (including legal fees) resulting from your use of this Website, your breach of any provision of the Terms and/or any negligent acts, omissions or intentional wrongdoing by you.
9. Privacy
   • You may be prompted to submit certain information in order to access the Content or purchase a Product. This may include, but is not limited to, your name, contact details and payment details.
   • You are responsible for the content of all information submitted by you to the Website. All information you enter must be accurate, complete and not misleading.
   • No data transmission over the internet can be guaranteed as totally secure. Whilst we strive to protect the information you submit via the Website, we cannot ensure the security of any information provided which you transmit to us. Accordingly, any information which you submit to us is done so at your own risk. Nevertheless, once we receive your transmission, we will take reasonable steps to preserve the security of such information.
   • Registration data and certain other personal information about you that you may submit or provide Flavour Creations through this Website is subject to our Privacy Policy. For more information about our use and protection of your information, please review our Privacy Policy at https://www.flavourcreations.com.au/privacy-policy.
   • The provision of personal information and your continued use of the Website constitutes your approval for us to collect and process your personal information in accordance with our Privacy Policy.
   • We reserve the right to change the Privacy Policy from time to time. Please Visit our Website regularly and check our current Privacy Policy.
10. Changes to These Terms
    • Flavour Creations reserves the right to amend, change, add, delete and correct these terms of use, the Website at any time without prior notice.
11. Applicable law
    • These terms of use, and your use of our Website, are governed by the laws of Queensland, Australia. By accessing and using the Website, you agree to submit to the exclusive jurisdiction of the Courts of Queensland, Australia. If you access the Website from other jurisdictions, you are additionally responsible for compliance with local laws.
12. Miscellaneous
    • Our failure to enforce any of these Terms shall not be construed as a waiver of any of our rights.
    • If any term is unenforceable it shall be read down so as to be enforceable or, if it cannot be read down, the term shall be severed from the Terms without affecting the enforceability of the remaining terms.
    • If you have any questions or concerns, you may contact us at sales@flavourcreations.com.au

These Terms were last updated in March 2021.