2. Website AvailabilityTeaMonthly may suspend the Website for any reason whatsoever, including but not limited to repairs, planned maintenance or upgrades, and shall not be liable to you for any such suspension. TeaMonthly reserves the right to make any changes to the Website or to discontinue any aspect or feature of the Website without notice. In the event that TeaMonthly, in its sole discretion, considers that you are making any illegal and/or unauthorised use of the Website, and/or your use of the Website is in breach of these Terms, TeaMonthly reserves the right to take any action that it deems necessary, including terminating without notice your use of the Website and, in the case of illegal use, instigating legal proceedings.
3. Your StatusBy placing an order to purchase Products (Order), or to apply to any subscriptions (Subscribe) through the Website, you warrant that you are legally capable of entering into binding contracts; and that you are at least 18 years old.
4. Copyrights & TrademarksThe materials contained in the Website are protected by applicable copyright and trademark law. The trademarks, names, logos and service marks (collectively "trademarks") displayed on this website are registered and unregistered trademarks of TeaMonthly and the suppliers of the products listed on the Website. Nothing contained on this website should be construed as granting any licence or right to use any trademark without the prior written permission of TeaMonthly.
5. Disclaimer of LiabilityTeaMonthly shall not be responsible for and disclaims all liability for any loss, liability, damage (whether direct, indirect or consequential), personal injury or expense of any nature whatsoever which may be suffered by you or any third party (including your company), as a result of or which may be attributable, directly or indirectly, to your access and use of the website, any information contained on the website, your or your company's personal information or material and information transmitted over our system. In particular, neither TeaMonthly nor any third party or data or content provider shall be liable in any way to you or to any other person, firm or corporation whatsoever for any loss, liability, damage (whether direct or consequential), personal injury or expense of any nature whatsoever arising from any delays, inaccuracies, errors in, or omission of any share price information or the transmission thereof, or for any actions taken in reliance thereon or occasioned thereby or by reason of non-performance or interruption, or termination thereof.
These website terms and conditions constitute the sole record of the agreement between you and TeaMonthly in relation to your use of the website. Neither you nor TeaMonthly shall be bound by any express tacit or implied representation, warranty, promise or the like not recorded herein. Unless otherwise specifically stated these website terms and conditions supersede and replace all prior commitments, undertakings or representations, whether written or oral, between you and TeaMonthly in respect of your use of the website.
TeaMonthly may at any time modify any relevant terms and conditions, policies or notices. You acknowledge that by visiting the website from time to time, you shall become bound to the current version of the relevant terms and conditions (the "current version") and, unless stated in the current version, all previous versions shall be superseded by the current version. You shall be responsible for reviewing the then current version each time you visit the website.
Where any conflict or contradiction appears between the provisions of these website terms and conditions and any other relevant terms and conditions, policies or notices, the other relevant terms and conditions, policies or notices which relate specifically to a particular section or module of the website shall prevail in respect of your use of the relevant section or module of the website.
No indulgence or extension of time which either you or TeaMonthly may grant to the other will constitute a waiver of or, whether by estoppel or otherwise, limit any of the existing or future rights of the grantor in terms hereof, save in the event or to the extent that the grantor has signed a written document expressly waiving or limiting such rights.
TeaMonthly shall be entitled to cede, assign and delegate all or any of its rights and obligations in terms of any relevant terms and conditions, policies and notices to any third party
All provisions of any relevant terms and conditions, policies and notices are, notwithstanding the manner in which they have been grouped together or linked grammatically, severable from each other. Any provision of any relevant terms and conditions, policies and notices, which is or becomes unenforceable in any jurisdiction, whether due to voidness, invalidity, illegality, unlawfulness or for any reason whatever, shall, in such jurisdiction only and only to the extent that it is so unenforceable, be treated as pro non scripto and the remaining provisions of any relevant terms and conditions, policies and notices shall remain in full force and effect.
Any relevant terms and conditions, policies and notices shall be governed by and construed in accordance with the laws of Australia without giving effect to any principles of conflict of law. You hereby consent to the exclusive jurisdiction of the courts of Australia in respect of any disputes arising in connection with the website, or any relevant terms and conditions, policies and notices or any matter related to or in connection therewith.
If you have any questions, comments or concerns arising from the website or any other relevant terms and conditions, policies and notices contact us at legal@TeaMonthly.com.au
7. SubscriptionsBy purchasing any subscription, you acknowledge that your subscription has an initial and recurring payment feature and you accept responsibility for all recurring charges prior to cancellation. Your subscription will be automatically extended for successive periods, at the then-current subscription rate. To cancel your subscription at any time, you must do so at least 48 hours prior to your next scheduled renewal date to avoid charge. We try our best to our products in the hands of subscribers around the 1st of each month, however due to circumstances out of our control, this may or may not be possible, and subscribers may receive their subscription at a later date at any period.
8. Subscription CancellationIn order to cancel your subscription, you must do one of the following at least 48 hours prior to your next scheduled renewal date to avoid charge: use the cancellation page found in your user dashboard accessed via the link found in the footer of the website or contact support at hello@TeaMonthly.com.au. All subscriptions will automatically have their renewal date moved to the 18th of the following subscription period. If you cancel your subscription, you will not be eligible for a prorated refund of any portion of the subscription fee paid for the then-current subsciption period. We reserve the right to revoke your subscription at any time.
9. Billing & Payments
By starting your subscription and providing or designating a payment method, you authorize TeaMonthly to charge you on a recurring monthly basis at the then current subscription rate. We reserve the right to adjust pricing for our subscriptions in any manner and at any time as we may determine in our sole and absolute discretion. Except as otherwise expressly provided for in this Agreement, any price changes to your subscription will take effect following email notice to you.
All address updates must be made within 48 hours prior to the subscription renewal date (see “Subscription Cancellation” for renewal date information) to ensure they are correctly reflected on your shipment. Our shipping service does not include the forwarding with your mail to an updated address. Any forwarding fees incurred will not be reimbursed or credited to your subscription.
In the case of a credit card transaction, you must use your own credit card. We will not be liable for any credit card fraud. The liability to use a card fraudulently will be on the user and the onus to 'prove otherwise' shall be exclusively on the user.
10. Risk of LossAny products purchased from TeaMonthly will be shipped by a third party carrier. As a result, title and risk of loss or damage for such products will pass to you upon our delivery to the carrier. All missing or damaged shipments or items must be reported within 30 days of shipping to qualify for a replacement or refund based on product availability. If the product is available, a replacement will be shipped and a refund will not be issued or considered. Blemishes to packaging will not be considered as part of a damaged item.