TERMS OF SERVICE AND CONDITIONS OF USE
These Terms of Service encompass ‘Website Terms Of Service and Conditions of Use’ and ‘Competition Terms of Service and Conditions of Use‘.
Website Terms of Service and Conditions of Use
1. About the Website
Welcome to https://goodcoffeeplace.com/ (‘Website’). The Website provides general information, education, entertainment, facts, fiction, product reviews, and opinions.
The Website is operated by goodcoffeeplace (ABN 95738427458). Access to and use of the Website, or any of its associated Products or Services, is provided by goodcoffeeplace. Please read these terms and conditions (‘Terms’) carefully. By using, browsing and/or reading the Website, this signifies that you have read, understood and agree to be bound by the Terms. If you do not agree with the Terms, you must cease usage of the Website, or any of Services, immediately.
goodcoffeeplace reserves the right to review and change any of the Terms by updating this page at its sole discretion. When goodcoffeeplace 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 their publication. Before you continue, we recommend you keep a copy of the Terms for your records.
2. Acceptance of the Terms
You accept the Terms by remaining on the Website. You may also accept the Terms by clicking to accept or agree to the Terms where this option is made available to you by goodcoffeeplace in the user interface.
3. Copyright and Intellectual Property
The Website, the content and all of the related products of goodcoffeeplace are subject to copyright. The material on the Website is protected by 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 (including but not limited to text, graphics, logos, button icons, video images, audio clips, Website, code, scripts, design elements and interactive features) or the content are owned or controlled for these purposes, and are reserved by goodcoffeeplace or its contributors.
All trademarks, service marks and trade names are owned, registered and/or licensed by goodcoffeeplace, who grants to you a worldwide, non-exclusive, royalty-free, revocable license whilst you are a Member to:
(a) use the Website pursuant to the Terms;
(b) copy and store the Website and the material contained in the Website in your device’s cache memory; and
(c) print pages from the Website for your own personal and non-commercial use.
goodcoffeeplace does not grant you any other rights whatsoever in relation to the Website or the content. All other rights are expressly reserved by
goodcoffeeplace retains all rights, title and interest in and to the Website and all related content. Nothing you do on or in relation to the Website will transfer any:
(a) business name, trading name, domain name, trade mark, industrial design, patent, registered design or copyright, or
(b) a right to use or exploit a business name, trading name, domain name, trade mark or industrial design, or
(c) a thing, system or process that is the subject of a patent, registered design or copyright (or an adaptation or modification of such a thing, system or process),
You may not, without the prior written permission of goodcoffeeplace and the permission of any other relevant rights owners: broadcast, republish, up-load to a third party, transmit, post, distribute, show or play in public, adapt or change in any way the content or third party content for any purpose, unless otherwise provided by these Terms. This prohibition does not extend to materials on the Website, which are freely available for re-use or are in the public domain.
5. General Disclaimer
Please also read our specific Disclaimers page.
Nothing in the Terms limits or excludes any guarantees, warranties, representations or conditions implied or imposed by law, including the Australian Consumer Law (or any liability under them) which by law may not be limited or excluded.
Subject to this clause 5, and to the extent permitted by law:
(a) all terms, guarantees, warranties, representations or conditions which are not expressly stated in the Terms are excluded; and
(b) goodcoffeeplace 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 content or these Terms (including as a result of not being able to use the content or the late supply of the content), whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise.
Use of the Website and the content is at your own risk. Everything on the Website and the content is provided to you “as is” and “as available” without warranty or condition of any kind. None of the affiliates, directors, officers, employees, agents, contributors and licensors of goodcoffeeplace make any
express or implied representation or warranty about the content or any products or content (including the products or content of goodcoffeeplace) referred to on the Website. This includes (but is not restricted to) loss or damage you might suffer as a result of any of the following:
(a) failure of performance, error, omission, interruption, deletion, 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 content, or any of its content related products (including third party material and advertisements on the Website);
(c) costs incurred as a result of you using the Website, the content or any of the products of goodcoffeeplace; and
(d) the content or operation in respect to links which are provided for your convenience.
6. Limitation of liability
goodcoffeeplace’s total liability arising out of or in connection with the content or these Terms, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the resupply of the content to you.
You expressly understand and agree that goodcoffeeplace, its affiliates, employees, agents, contributors and licensors shall not be liable to you for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you, however caused and under any theory of liability. This shall include, but is not limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation and any other intangible loss.
You acknowledge and agree that goodcoffeeplace holds no liability for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you as a result of providing your content to the Website.
7. Termination of Contract
If you want to terminate the Terms, you may do so by providing goodcoffeeplace with 14 days’ notice of your intention to terminate by sending notice of your intention to terminate to goodcoffeeplace via the ‘Contact Us’ link on our homepage.
goodcoffeeplace may at any time, terminate the Terms with you if:
(a) you have breached any provision of the Terms or intend to breach any provision;
(b) goodcoffeeplace is required to do so by law;
(c) goodcoffeeplace is transitioning to no longer providing the Services to Members in the country in which you are resident or from which you use the service; or
(d) the provision of the Services to you by goodcoffeeplace, is in the opinion of goodcoffeeplace, no longer commercially viable.
Subject to local applicable laws, goodcoffeeplace reserves the right to discontinue or cancel your access 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 impacts goodcoffeeplace’s name or reputation or violates the rights of those of another party.
When the Terms come to an end, all of the legal rights, obligations and liabilities that you and goodcoffeeplace have benefitted from, been subject to (or which have accrued over time whilst the Terms have been in force) or which are expressed to continue indefinitely, shall be unaffected by this cessation, and the provisions of this clause shall continue to apply to such rights, obligations and liabilities indefinitely.
You agree to indemnify goodcoffeeplace, its affiliates, employees, agents, contributors, third party content providers and licensors from and against:
(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 your content;
(b) any direct or indirect consequences of you accessing, using or transacting on the Website or attempts to do so; and/or
(c) any breach of the Terms.
9. Dispute Resolution
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).
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.
On receipt of that notice (‘Notice’) by that other party, the parties to the Terms (‘Parties’) must:
(a) 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;
(b) 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 President of the Australian Mediation Association or his or her nominee;
(c) 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;
(d) The mediation will be held in Perth, Australia.
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.
9.5. Termination of Mediation:
If 30 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.
10. Venue and Jurisdiction
The Services offered by goodcoffeeplace is intended to be viewed by residents of Australia. In the event of any dispute arising out of or in relation to the Website, you agree that the exclusive venue for resolving any dispute shall be in the courts of Western Australia, Australia.
11. Governing Law
The Terms are governed by the laws of Western Australia, 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 shall be governed, interpreted and construed by, under and pursuant to the laws of Western Australia, Australia, without reference to conflict of law principles, notwithstanding mandatory rules. The validity of this governing law clause is not contested. The Terms shall be binding to the benefit of the parties hereto and their successors and assigns.
12. Independent Legal Advice
Both parties confirm and declare that the provisions of the Terms are fair and reasonable and both parties having taken the opportunity to obtain independent legal advice and declare the Terms are not against public policy on the grounds of inequality or bargaining power or general grounds of restraint of trade.
If any part of these Terms is found to be void or unenforceable by a Court of competent jurisdiction, that part shall be severed and the rest of the Terms shall remain in force.
14. Last Update
29 November 2020
Competition Terms of Service and Conditions of Use
These terms of service and Conditions of use apply to any sweepstakes, competitions, giveaways, or promotions conducted on goodcoffeeplace.com.
NO PURCHASE IS NECESSARY TO ENTER OR WIN. MAKING A PURCHASE OR PAYMENT OF ANY KIND WILL NOT INCREASE YOUR CHANCES OF WINNING. VOID WHERE PROHIBITED OR RESTRICTED BY LAW.
Competitions, sweepstakes, giveaways, prize draws, or promotions will be clearly advertised and described as appropriate.
The sponsor of sweepstakes, competitions, giveaways, or promotions is mostly GoodCoffeePlace (‘Sponsor’) ABN 95738427458. Any other sponsors will be clearly identified.
By participating in the sweepstakes, competitions, giveaways, or promotions, each Entrant unconditionally accepts and agrees to comply with and abide by these Official Rules and the decisions of Sponsor, which shall be final and binding in all respects. The Sponsor is responsible for the collection, submission, or processing of Entries and the overall administration of the Sweepstakes. Entrants should look solely to the Sponsor with any questions, comments, or problems related to the sweepstakes, competitions, giveaways, or promotions. The sponsor may be reached by email at firstname.lastname@example.org during the Promotion Period.
Open to legal residents of the USA, Canada, UK, Ireland, Europe, Australia, and other countries who are (the ‘Entrant’). Entrants must confirm their email to be eligible for the sweepstake. Sponsor, and their respective parents, subsidiaries, affiliates, distributors, retailers, sales representatives, advertising and promotion agencies, and each of their respective officers, directors, and employees (the ‘Promotion Entities’), are ineligible to enter the Sweepstakes or win a prize. Household Members and Immediate Family Members of such individuals are also not eligible to enter or win. ‘Household Members’ shall mean those people who share the same residence at least three months a year. ‘Immediate Family Members’ shall mean parents, step-parents, legal guardians, children, step-children, siblings, step-siblings, or spouses. The sweepstakes, competitions, giveaways, or promotions are subject to all applicable federal, state, and local laws and regulations and are void where prohibited or restricted by law.
How to Enter
Enter sweepstakes, competitions, giveaways, or promotions during the Promotion Period online by visiting the clearly identified entry form and submitting the required details. Your entry will also subscribe you to the Good Brews Newsletter. The newsletter keeps you up to date on coffee news, special deals, promotions, competitions, and giveaways. This automatic subscription to the newsletter forms part of these terms of service. However, you can unsubscribe at any time.
Automated or robotic Entries submitted by individuals or organizations will be disqualified. Internet entry must be made by the Entrant. Any attempt by Entrant to obtain more than the stated number of Entries by using multiple/different email addresses, identities, registrations, logins or any other methods, including, but not limited to, commercial contest/sweepstakes subscription notification and/or entering services, will void Entrant’s Entries and that Entrant may be disqualified. Final eligibility for the award of any prize is subject to eligibility verification as set forth below. All Entries must be posted by the end of the Promotion Period in order to participate. The sponsor’s database clock will be the official timekeeper for this Sweepstakes.
The Winner(s) of sweepstakes, competitions, giveaways, or promotions will be selected in a random drawing from among all eligible Entries received throughout the Promotion Period. The random drawing will be conducted within about 7 days after the Promotion Period by the Sponsor or its designated representatives, whose decisions are final. The odds of winning will vary depending on the number of eligible entries received.
The winner of any sweepstakes, competitions, giveaways, or promotions will be notified by email at the email address provided in the Entry Information approximately within 7 days after the random drawing. The potential Winner must accept a prize by email as directed by Sponsor within 7 days of notification. The sponsor is not responsible for any delay or failure to receive notification for any reason, including inactive email account(s), technical difficulties associated therewith, or Winner’s failure to adequately monitor any email account.
Any winner notification not responded to or returned as undeliverable may result in prize forfeiture. The potential prize winner may be required to sign and return an affidavit of eligibility and release of liability, and a Publicity Release (collectively ‘the Prize Claim Documents’). No substitution or transfer of a prize is permitted except by Sponsor.
Limitation of Liability
By entering, You agree to release and hold harmless GoodCoffeePlace and its subsidiaries, affiliates, advertising and promotion agencies, partners, representatives, agents, successors, assigns, employees, officers, and directors from any liability, illness, injury, death, loss, litigation, claim, or damage that may occur, directly or indirectly, whether caused by negligence or not, from: (i) such entrant’s participation in the Sweepstakes and/or his/her acceptance, possession, use, or misuse of any prize or any portion thereof; (ii) technical failures of any kind, including but not limited to the malfunction of any computer, cable, network, hardware, or software, or other mechanical equipment; (iii) the unavailability or inaccessibility of any transmissions, telephone, or Internet service; (iv) unauthorized human intervention in any part of the entry process or the Promotion; (v) electronic or human error in the administration of the Promotion or the processing of entries.
This sweepstake IS GOVERNED BY THE LAWS OF WESTERN AUSTRALIA, WITHOUT RESPECT TO CONFLICT OF LAW DOCTRINES. As a condition of participating in sweepstakes, competitions, giveaways, or promotions the participant agrees that any and all disputes that cannot be resolved between the parties, and causes of action arising out of or connected with sweepstakes, competitions, giveaways, or promotions, shall be resolved individually, without resort to any form of class action, exclusively before a court located in Western Australia having jurisdiction. Further, in any such dispute, under no circumstances shall the participant be permitted to obtain awards for, and hereby waives all rights to, punitive, incidental, or consequential damages, including reasonable attorney’s fees. Participant further waives all rights to have damages multiplied or increased.
GoodCoffeePlace (ABN: 95738427458), PO Box 103, Subiaco, Western Australia. 6904.
29 November 2020