TERMS AND CONDITIONS
1 About
Welcome to www.flavoursofmexico.com.au (the Website), operated by Flavours of Mexico Pty Ltd (ACN 652 229 153) (Flavours of Mexico, we, us).
Access to and use of the Website, or any of its associated products and/or services, are provided by Flavours of Mexico. Please read these terms and conditions (the Terms) carefully.
2 Acceptance of these Terms
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 and services immediately.
You may not accept the Terms if:
you are not of legal age to form a binding contract with Flavours of Mexico; or
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 are reside or from which you use the Website, products or services.
Flavours of Mexico reserves the right to review and change any of the Terms by updating this page at its sole discretion. When Flavours of Mexico 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 Products and Delivery Services
Flavours of Mexico provides fresh and authentic Mexican meals (the Products). Our Products can be picked up at our Our premises at 33 Dobroyd Road Kitchen 1A, Balgowlah Heights NSW 2093 (the Our premises). Alternatively, we can arrange to have the authentic Mexican ingredients delivered to you as a meal kit in a secure vacuum skin sealing package (the Delivery Services).
Our Products and Delivery Services are available for individual purchases (Single Purchases) and regular orders (Membership/ Subscription).
All of our Products and Delivery Services comply with the Food Standards Australia New Zealand Act 1991 (Cth), the Food Act 2003 (NSW) and the NSW Food Authority standards as superseded and amended from time to time (the Food Standards).
By using the Products and/or Delivery Services, you agree and acknowledge that:
you are solely responsible for assessing the risks and implications associated with the Products and Delivery Services. This includes but is not limited to, any allergies of the consumer;
we do not, at any time, provide any warranties or guarantees regarding the Products and Delivery Services;
you must use the Products and Delivery Services for your own personal use only and not for re-sale of any kind;
we reserve the right to terminate your access to the Products and Delivery Services at any time at our sole discretion;
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
Flavours of Mexico has entered into these Terms in reliance on the acknowledgements, warranties and representations given by you in these Terms.
4 Account Establishment
To access the Products and Delivery Services, you are required to register an account on the Website (the Account).
To establish an Account, you may be required to provide personal information about yourself, including but not limited to, the following:
full name;
email address;
mailing address;
telephone number;
a preferred username; and
a preferred password.
You agree and acknowledge that any information you provide to Flavours of Mexico in the course of establishing an Account will always be accurate, correct and up to date.
You agree and acknowledge that Flavours of Mexico reserves the right to terminate your Account and/or suspend or terminate you from accessing the Products and Delivery Services without notice if you provide misleading, false, deceptive, inaccurate and/or outdated personal information.
By registering an Account, you agree and acknowledge that:
the Account gives you access to our Products and Delivery Services, whereby you can choose your Mexican meals from a range of our Products and then select if you would like to pick up the Products from our Our premises or have it delivered to you;
you can schedule the regular delivery of the Products through Membership/ Subscription and in accordance with clause 7 of the Terms;
in the event that you choose to have the Products delivered to you, that delivery fees will apply pursuant to clause 8 of the Terms;
all orders for our Products need to be finalised at least 24 hours prior to your required delivery time and date;
you must not transfer or assign your Account to another individual or entity; and
Flavours of Mexico reserves the right to suspend or terminate your access to the Products and Delivery Services if, in its sole discretion, it believes that you are exploiting and/or abusing your access to the Products and/or Delivery Services.
5 Your Account Obligations
You agree and acknowledge that:
you are solely responsible for the activity that occurs under your Account;
anything you submit to be included on the Website, including all material, links, words and images (the Content) is accurate, correct and up to date;
you have the sole responsibility to protect the confidentiality of your password and/or email address. You agree to immediately notify Flavours of Mexico at hola@flavoursofmexico.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 Products and/or Delivery Services;
you will use the Website, the Products and the Delivery Services as permitted by: (i) the Terms; and
(ii) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions;
access to and use of the Website, the Products, Delivery Services and Account is non transferable and limited to you for the purposes of us providing the Products and Delivery Services;
any use of your registration information and Content by another person, or third party, is strictly prohibited;
appropriate legal action will be taken by Flavours of Mexico for any illegal or unauthorised use of the Website, Products and Delivery Services;
you must not:
(i) expressly or impliedly impersonate another Account at any time;
(ii) use the Products, Delivery 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 Products, Delivery 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 Delivery Services and/or Website, or violate any of the policies, procedures or regulations connected to the Delivery Services and/or the Website;
(vii) engage in conduct or access the Website, the Products or Delivery Services in a way that will impose an unreasonable or large burden of traffic demands on Flavours of Mexico;
(viii) create derivative works of the Products, Delivery Services or an application substantially similar or a direct copy of the Products and Delivery Services such that confusion may occur as to which the Products and Delivery Services are operated by Flavours of Mexico;
(ix) resell,distribute,transfer, modify, lease,encumber or exportthesoftware associated with
the Website, the Products and/or Delivery Services; and/or
(x) automate the use of the Website or Delivery Services.
6 Acceptance of Order
We reserve the right to accept or reject your Product order for any reason, including but not limited to, the unavailability of a product or service within your suburb.
7 Membership/ Subscription
If you would like our Products to be delivered to you on a regular basis then you can sign up to Membership/ Subscription. You can select to have the Products delivered to you on a weekly, monthly and annual basis.
Once you have signed up to make the Membership/ Subscription, you will be charged on the same day every week, month or year depending on your delivery selection.
If you would like to amend the frequency of the Membership/ Subscription, or cancel the Membership/ Subscription, you will need to amend the payment preference through your Account at least 24 hours prior to the next delivery date of the Products.
If the payment for the Membership/ Subscription fails and is not rectified within 24 hours from the date of the Product Delivery, then we will not send you the Products. You agree and acknowledge that we will not be liable for any damage or less as a result your failure to make payment.
You may cancel the Membership/ Subscription by updating your payment preferences within your Account at least 24 hours prior to the next delivery date and time. In the event that the Membership/ Subscription are with less than 24 hours’ notice from the date of the next delivery date and time then you will be charged for that Product/s.
Upon cancellation of the Membership/ Subscription, you can still make Single Purchases and/or sign up to the Membership/ Subscription with new Products or a new delivery frequency for our Products.
8 Delivery
We deliver to areas in the Northern Beaches District and Metro Sydney (CBD), New South Wales. You will be charged a rate based on your location in relation to us.
If you are not at the place of delivery, during the intended date and time of the delivery, then we will leave the Products at the front door of the delivery address. Flavours of Mexico is not liable for any damage or spoilage caused to the Products as a result of being left outside for extended periods or if the Products are stolen after they have been delivered.
You are responsible for ensuring that the mailing/delivery details that you provide us are correct and up to date. In the event that you enter the deliver wrong address into our Website, then we may, at our sole discretion, redeliver the Products at least one (1) business day after the initial delivery date. We will not be held liable for any loss or damage caused by any delays as a result of you providing us with the incorrect mailing address.
You agree and acknowledge that we may engage a third-party provider (the Third Party Provider) to provide Delivery Services to you. By accepting these Terms, you consent to have your personal information shared with Third Party Providers for the provision of the Delivery Services and may contact you for the primary purpose of providing the Delivery Services to you.
If an order does not arrive during the selected timeframe then it is your responsibility to inform us by
contacting us on 0412 922 312. We will then make enquiries into the delivery and will have the Products resent to your delivery address as soon as possible. You agree and acknowledge that we will not be held liable for any loss or damage caused by any delays in the delivery of the Products.
9 Pick Ups
If you are picking up the Products from the Our premises, then it is your responsibility to pick up the Products on the day you have selected and within the specified time frame provided in your order confirmation.
You agree and acknowledge that, pursuant to the Food Standards, we will dispose of your Products within 24 hours if they are not picked up from the Our premises. In the event that we dispose of your Products, then we are not obliged to replace these Products. We will not be held liable for any loss or damage caused as a result of you not picking up the Products from the Our premises within the designated date and time.
10 Payment
You agree and acknowledge that:
we may use third party payment gateways, such as Stripe (the Payment Gateway Provider). You agree and acknowledge that you have familiarised yourself with, and agree to be bound by, the applicable the terms and conditions and privacy policy of the Payment Gateway Provider prior to you using the Payment Gateway Provider’s Delivery Services;
where a request for the payment of the processing fee is returned or denied, for whatever reason, by your financial institution or is unpaid by you for any other reason, then you are liable for any costs, including banking fees and charges, associated with the processing fee;
if you opt in to use our Delivery Services then you will be charged a delivery fee in accordance with clause 8 of the Terms; and
if you opt in for Membership/ Subscription then you will be charged for the Products (including the associated delivery fees) every week, month or year as you select, unless you opt out of the Membership/ Subscription through your Account.
11 Refunds
If for whatever reason you are unsatisfied with the Products and/or Delivery Services, please contact Flavours of Mexico at hola@flavoursofmexico.com.au outlining why you believe you are entitled to a refund of any fee so that we are able to determine whether a refund should occur.
Any refunds granted pursuant to this clause will be at Flavours of Mexico’s absolute discretion.
12 Discounts and Promotions
Any discounts or promotion codes available on the Website is non-transferable and cannot be transferred or refunded for cash.
Discounts and promotions can only be used for a single discount and cannot be used simultaneously with other discounts or promotions.
Flavours of Mexico reserves the right, as far as applicable by the law, to cancel any discount and promotion available on the Website without any prior notice.
13 Intellectual Property
The Website, the Products and Delivery Services of Flavours of Mexico 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.
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.
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.
14 Privacy
Flavours of Mexico is committed to protecting your privacy as a user of our Website, Products and Delivery 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.
By using the Website, creating an Account and/or accessing the Products and Delivery Services, you consent to the collection, disclosure, use and storage of your personal information pursuant to our Privacy Policy.
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 Products and/or Delivery Services, including but not limited to contact lists, GPS location, passwords, feedback or communication with Flavours of Mexico customer support.
15 Disclosure of Your Information
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. Flavours of Mexico may also use your Personal Data to protect the rights, property or safety of Flavours of Mexico, its customers or third parties.
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.
16 Termination
The Terms will continue to apply until the deletion of your Account, or until terminated by Flavours of Mexico as set out below.
Flavours of Mexico may at any time, terminate the Terms with you if:
you have breached any provision of the Terms and fail to remedy it within seven (7) days from receiving written notice from Flavours of Mexico;
Flavours of Mexico is required to do so by law;
you have not paid the fees as contained in clause 10;
the partner, if any, with whom Flavours of Mexico offered the Products and/or Delivery Services to you has terminated its relationship with Flavours of Mexico or ceased to offer the Products and/or Delivery Services to you;
Flavours of Mexico is transitioning to no longer providing the Products and/or Delivery Services to users in the country in which you are resident or from which you access the Products and Delivery Services;
the provision of the Products and/or Delivery Services to you by Flavours of Mexico is, in the opinion of Flavours of Mexico, no longer commercially viable;
if you have used the Products and/or Delivery Services:
(i) in breach of any law;
(ii) in a way that is misleading or deceptive;
(iii) in a way which is unreasonable as determined by Flavours of Mexico at its absolute discretion; or
(iv) in a manner which can or does bring Flavours of Mexico into disrepute or could damage Flavours of Mexico’s reputation as determined by Flavours of Mexico at its absolute discretion.
Subject to local applicable laws, Flavours of Mexico reserves the right to discontinue or cancel your access to the Products and/or Delivery Services at any time and may suspend or deny, in its sole discretion, your access to all or any portion of the Website, the Products and/or the Delivery Services without notice if you breach any provision of the Terms or any applicable law or if your conduct damages Flavours of Mexico’
name or reputation or violates the rights of those of another party.
Upon the termination of the customer’s account, all of the legal rights, obligations and liabilities that you and Flavours of Mexico 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.
17 Liability
None of the affiliates, directors, officers, employees, agents, contributors and licensors of Flavours of Mexico make any express or implied representation or warranty about the Products or Delivery 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:
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;
the accuracy, suitability or currency of any information on the Website, the Products, the Delivery
Services, or any of its related products (including third party material and advertisements on the Website);
costs incurred as a result of you using the Website, the Products, or the Delivery Services of Flavours of Mexico;
a suspension of your account due to your breach of the Terms;
the Delivery Services or operation in respect to links which are provided for your convenience; and
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 Products and/or the Delivery Services.
In all cases, our liability arising out of or in connection with the Products and Delivery 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 Products and/or Delivery Services.
Our failure to exercise or enforce any right or provision of these Terms does not constitute a waiver of such right or provision.
You agree and acknowledge that Flavours of Mexico, 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.
You agree and acknowledge that Flavours of Mexico 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.
18 Force Majeure
Flavours of Mexico will not be liable for any failure, delay, interruption or faults which are a consequence of any government body, war, insurrection, pandemic, sabotage, embargo, breakdown, civil disturbance, crime, lockout, riot, theft, tempest, war, earthquake, fire, flood, strike or labour disturbance, the inability of Flavours of Mexico’s normal suppliers to supply necessary materials or services, interruption or delay in transportation, unavailability of or interruption or delay in telecommunications or third party services, failure of third party software or hardware or inability to obtain energy which is needed for the provision of the Services or any other matter beyond Flavours of Mexico’s control.
19 Disclaimer
Flavours of Mexico does not guarantee that any of the Products are completely free from any allergen including but not limited to fish, milk, peanuts, sesame, eggs and gluten. If you have a serious allergy then we recommend that you do not purchase the Products as we cannot guarantee the complete absence of any allergens in our Products. We will not be held liable for any loss or damage caused as a result of an allergic reaction to our Products.
Use of this Website is at your own risk and Flavours of Mexico is not liable for any loss, damage or disclosure of any personal information that may result from its use.
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.
if you are not a Consumer (under the Australian Consumer Law), you agree that Flavours of Mexico
has no direct or indirect liability (including in negligence) to you in any way related to your use of the Website, the Products or the Delivery Services;
if you are a Consumer (under the Australian Consumer Law), Flavours of Mexico limits all its direct and indirect liability (including in negligence) to you to the Consumer Guarantees under the Australian Consumer Law; and
where there is a breach of the Consumer Guarantees, then to the maximum extent permitted by law, Flavours of Mexico’s liability to you is limited to resupply of the Products, the Delivery Services or payment of the cost of re-supplying the Products and/or the Delivery Services.
Subject to this clause and to the extent permitted by law:
Flavours of Mexico excludes all representations, warranties or guarantees, whether express or implied, by statute, trade or otherwise; and
Flavours of Mexico 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 Products, Delivery Services or these Terms (including as a result of not being able to use the Products, Delivery Services or the late supply of the Delivery Services), whether at common law, under contract law, tort (including negligence), in equity, pursuant to statute or otherwise.
20 Indemnity
You agree to indemnify Flavours of Mexico, 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:
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 Products and Delivery Services;
any breach of these Terms;
any wilful misconduct by us;
any unlawful or negligent act or omission by you; or
any direct or indirect consequences of you accessing, using or transacting on the Website, the Products or the Delivery Services or attempts to do so.
This indemnity will survive termination of these Terms.
21 General
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.
Unless otherwise specified, the Website, the Products and associated Delivery 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 Delivery Services obtained from the Website, which are not your own intellectual property.
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.
22 Dispute Resolution
Compulsory:
If a dispute arises out of or relates to the Terms, either party may not commence any Tribunal or Court proceedings in relation to the dispute, unless the following clauses have been complied with (except where urgent interlocutory relief is sought).
Notice:
A party to the Terms claiming a dispute (Dispute) has arisen under the Terms, must give written notice to the other party detailing the nature of the dispute, the desired outcome and the action required to settle the Dispute.
Resolution:
On receipt of that notice (Notice) by that other party, the parties to the Terms (Parties) must:
(i) within 14 days of the Notice endeavour in good faith to resolve the Dispute expeditiously by negotiation or such other means upon which they may mutually agree;
(ii) if for any reason whatsoever, 14 days after the date of the Notice, the Dispute has not been resolved, the Parties must either agree upon selection of a mediator or request that an appropriate mediator be appointed by the Australian Disputes Centre or its nominee;
(iii) the Parties are equally liable for the fees and reasonable expenses of a mediator and the cost of the venue of the mediation and without limiting the foregoing undertake to pay any amounts requested by the mediator as a pre-condition to the mediation commencing. The Parties must each pay their own costs associated with the mediation; and
(iv) the mediation will be held in Sydney, Australia.
Confidential:
All communications concerning negotiations made by the Parties arising out of and in connection with this dispute resolution clause are confidential and to the extent possible, must be treated as "without prejudice" negotiations for the purpose of applicable laws of evidence.
Termination of Mediation:
If one (1) month have elapsed after the start of a mediation of the Dispute and the Dispute has not been resolved, either Party may ask the mediator to terminate the mediation and the mediator must do so.
23 Governing Law and Jurisdiction
The Terms are governed by the laws of New South Wales, 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 New South Wales, 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.
24 Notice
Flavours of Mexico may provide any notice to you under the Terms by sending a message to your email address. The notice provided by Flavours of Mexico to you by email will be deemed to have been properly given on the date Flavours of Mexico sends the email, regardless of whether you have received the email.
Unless specified otherwise, any notices provided by you to Flavours of Mexico must be in writing and be delivered either in person, or via registered post to hola@flavoursofmexico.com.au. Notices provided by registered post will be deemed to have properly given three days after they are posted (if posted).
25 Severance
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.
26 Waiver
A waiver of any right, power or remedy under these Terms must be in writing signed by the party granting it.
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.
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.
27 Assignment
Flavours of Mexico may assign or transfer its rights or obligations under the Terms without your consent.
You may not assign or transfer your rights or obligations under the Terms without prior written consent of Flavours of Mexico. A purported assignment without written consent will be deemed to be void and convey no rights.
28 Links
Our Website and correspondence to you may contain links to other websites. These links are meant for your convenience only. Please be aware that Flavours of Mexico 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.
29 Email Communication
Flavours of Mexico may also provide you with information and updates regarding our Website and changes to the law from time to time. Flavours of Mexico may also make you aware of their new and additional Products and Delivery Services via email. This service is for free and you can unsubscribe at any time.
30 Changes to our policies
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.
31 Questions or Complaints
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 hola@flavoursofmexico.com.au.
Please return periodically to policies for material changes.