Terms of service
1. About the Website
(a) Welcome to www.pastapoetry.com.au (the 'Website'). The Website provides you with an opportunity to browse and purchase various products that have been listed for sale through the Website (the 'Products '). The Website provides this service by way of granting you access to the content on the Website (the 'Purchase Services ').
(b) The Website is operated by CHJ Unit Trust(ABN 81 770 609 603). Access to and use of the Website, or any of its associated Products or Services, is provided by CHJ Unit Trust. Please read these terms and conditions (the '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.
(c) CHJ Unit Trust reserves the right to review and change any of the Terms by updating this page at its sole discretion. When CHJ Unit Trust 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
(a) 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 CHJ Unit Trust in the user interface.
3. Orders and Cancellations
(a) Order Acceptance Policy
All orders and pasta plans requests received are subject to acceptance by CHJ Unit Trust, and any of its personnel, reserve the right, at our absolute discretion, to reject any order without giving reasons. In the event of rejection, we will refund or cancel any payments received in full, via the payment method used to place the order.
(b) Timing of your order
As a part of the checkout process, you will be able to select the pick-up or delivery date for your delivery, whether that delivery is part of a pasta plan or a one-off order. You will also be able to select the frequency of recurrence (in the case of a pasta plan).
(c) Changes to your order
If you wish to change your pasta plan, please do so via the “Account” area of the Pasta Poetry website or by contacting us at email@example.com; for one-off orders please contact us at firstname.lastname@example.org. We’ll always do our best to make last-minute changes for you, but we can only guarantee changes that are requested not less than 48 hours before midday of the scheduled pick up or delivery day. Failure to do so will result in the lapse of any rights to a refund or re-delivery.
(d) Cancellation policy
To cancel your order, please let us know not less than 48 hours before midday of the scheduled delivery day and we'll be happy to provide a full refund. You can also cancel by contacting us at email@example.com. Failure to do so will result in the lapse of any rights to a refund or re-delivery.
(e) Pausing or cancelling your pasta plan
If you wish to change your pasta plan, please do so via the "Account" area of the pastapoetry.com.au website. You can pause or cancel a plan at any time by providing notice to us up to not less than 48 hours before midday of the scheduled delivery day within your pasta plan. Failure to do so will result in the lapse of any rights to a refund or re-delivery.
(f) Pasta Plan prices
The price for each order within a pasta plan is the price at the time that a plan is set up. We reserve the right, at our absolute discretion, to raise our prices at any time for reasons including, but not limited to, price increases from our suppliers and partners. If we raise our prices, we will notify our subscribers and provide the option to cancel your pasta plan free of charge.
We accept American Express, Visa, and MasterCard credit and debit cards as well as Paypal, Apple Pay, Google Pay. In order to offer the best security, all our payments are processed securely by Stripe or, if selected as a payment option, Paypal.
For all ongoing pasta plans, your credit or debit card will be billed at checkout for your first delivery only. For ongoing deliveries, you will be billed on a recurring basis at the start of every week in which a delivery is scheduled. The amount your card will be billed in any given week will be the value of your order(s) for the given week.
For one-off orders, your credit or debit card will be billed upfront on checkout. For all gift bundles, your credit or debit card will be billed upfront on checkout for the entire cost of the pasta plan.
If you create an account and enter your payment details, your card will be stored securely by Stripe so that you can check out on future visits without re-entering your card details. We never store or have access to your credit or debit card details.
All prices are stated inclusive of any applicable GST unless otherwise stated. All applicable delivery charges are set out explicitly in your order.
6. Offers and Promotional Codes
At our discretion, from time to time, we may offer products at discounted prices. These offers are valid from the time that we introduce them to the end date of the offer and they cannot be used for purchases before the offer introduction date or after the offer end date.
In the event that a customer has made a purchase and the price of the purchased product subsequently falls or is discounted owing to a special offer, the price of the product at the time of purchase shall prevail. We are unable to offer special offer discounts for purchases that have already been made.
As our special offers are contingent on availability, we may change the terms of special offers and promotional codes, or withdraw them altogether, at any time, and without prior notice.
Any offer that includes a free gift is subject to availability. We reserve the right to change this gift without prior notice. Such gifts are not guaranteed to be delivered with your purchase, and cannot be redeemed for cash or store credit. In such case that a gift is not sent with an order, the request for a refund will not be valid.
We also reserve the right, at our absolute discretion, to offer different personalised special offers and promotions and it will therefore only be possible for the customer in receipt of the special offer to redeem the discount.
Unless explicitly otherwise stated, free or discounted introductory offers are only available to new users of the CHJ Unit Trust service, and are only available once to any one household. If a billing address has previously been used as a shipping address for any other order and an introductory offer is used on a new order, this new order will be invalid along with any additional rewards - we reserve the right to cancel orders if such behaviour is seen.
Except where otherwise stated, discounts and credits are available only once to any one person. Discounts and credits cannot be used in conjunction with any other offers.
Only one promotion code can be used per order. Discounts and voucher codes cannot be redeemed against delivery charges; percentage discount vouchers are applied only to the cost of meals unless otherwise stated.
Credit expires 3 years from the date that it is added to an account. We reserve the right, at our absolute discretion, to expire or revoke credit, or to temporarily remove the ability to redeem credit on our site.
7. Gift Cards
All our usual terms and conditions apply to Gift Cards if or when offered. The following terms and conditions will also apply to the purchase and redemption of Gift Cards on the CHJ Unit Trust website:
Gift Cards ordered through our website will be delivered either by electronic means to the email address you specify or by physical means by way of a physical Gift Card being delivered to your chosen recipient on the date of your choosing.
Unless otherwise stated site offers and promotions (including credit) do not apply when purchasing Gift Cards. Our Gift Cards must be redeemed on our Website, as full or part payment for products from our Website.
Gift Cards cannot be exchanged for cash. All Gift Cards are dated and expire 3 years from the date of issue. No refunds will be processed in respect of the purchase of Gift Cards.
The first redemption of a Gift Card cannot be used in conjunction with any other credit or discount. Gift Cards cannot be redeemed against shipping charges.
Where products purchased online with a Gift Card are returned, any monies owing will be refunded by way of the relevant amount of credit added to the Gift Card recipient's account at CHJ Unit Trust.
CHJ Unit Trust is not responsible if a Gift Card is lost, stolen, destroyed or used without permission and no replacement will be provided in these circumstances.
Gift credits are only valid against fresh pasta orders, and therefore cannot be used on any other product, including (but not limited to) gift cards, Pasta Making Kits, products provided by third party sites, and apparel.
8. Circumstances Beyond Our Control
Adverse weather conditions
During adverse weather conditions (including but not limited to heavy snow, ice, flooding or high winds), our delivery partners may not be able to deliver orders on time. This is outside of our control and we cannot accept responsibility for the late delivery of the order. Therefore, in the event of adverse weather conditions, we aren't able to refund or offer re-delivery of affected orders.
CHJ Unit Trust shall not be liable for delay in performing or for failure to perform its obligations if the delay or failure results from any of the following: (i) Acts of God, (ii) outbreak of hostilities, riot, civil disturbance, acts of terrorism, (iii) the act of any government or authority (including refusal or revocation of any licence or consent), (iv) fire, explosion, flood, fog or adverse weather, (v) power failure, failure of telecommunications lines, failure or breakdown of plant, machinery or vehicles, (vi) default of suppliers, sub-contractors or delivery partners, (vii) theft, malicious damage, strike, lock-out or industrial action of any kind, and (viii) any cause or circumstance whatsoever beyond CHJ Unit Trust’ reasonable control.
9. Registration to use the Purchase Services
(a) In order to access the Purchase Services, you must first register as a user of the Website. As part of the registration process, or as part of your continued use of the Purchase Services, you may be required to provide personal information about yourself (such as identification or contact details), including:
(i) Email address
(ii) Preferred username
(iii) Mailing address
(iv) Telephone number
(vi) Residential or Commercial Address
(b) You warrant that any information you give to CHJ Unit Trust in the course of completing the registration process will always be accurate, correct and up to date.
(c) Once you have completed the registration process, you will be a registered member of the Website ('Member ') and agree to be bound by the Terms. As a Member you will be granted immediate access to the Purchase Services.
(d) You may not use the Purchase Services and may not accept the Terms if:
(a) you are not of legal age to form a binding contract with CHJ Unit Trust; or
(b) you are a person barred from receiving the Purchase Services under the laws of Australia or other countries including the country in which you are resident or from which you use the Purchase Services.
(e) Your obligations as a Member
(a) As a Member, you agree to comply with the following: You will use the Purchase Services only for purposes that are permitted by:
(i) the Terms;
(ii) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions;
(iii) you have the sole responsibility for protecting the confidentiality of your password and/or email address. Use of your password by any other person may result in the immediate cancellation of the Purchase Services;
(iv) any use of your registration information by any other person, or third parties, is strictly prohibited. You agree to immediately notify CHJ Unit Trust of any unauthorised use of your password or email address or any breach of security of which you have become aware;
(v) access and use of the Website is limited, non-transferable and allows for the sole use of the Website by you for the purposes of CHJ Unit Trust providing the Purchase Services;
(vi) you will not use the Purchase Services or Website for any illegal and/or unauthorised use which includes collecting email addresses of Members by electronic or other means for the purpose of sending unsolicited email or unauthorised framing of or linking to the Website;
(vii) you agree that commercial advertisements, affiliate links, and other forms of solicitation may be removed from the Website without notice and may result in termination of the Purchase Services. Appropriate legal action will be taken by CHJ Unit Trust for any illegal or unauthorised use of the Website; and
(viii) you acknowledge and agree that any automated use of the Website or its Purchase Services is prohibited.
10. Copyright and Intellectual Property
(a) The Website, the Purchase Services and all of the related products of CHJ Unit Trust 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 site content and compilation of the website (including text, graphics, logos, button icons, video
images, audio clips and software) (the 'Content') are owned or controlled for these purposes, and are reserved by CHJ Unit Trust or its contributors.
(b) CHJ Unit Trust 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 to you:
(a) the business name, trading name, domain name, trade mark, industrial design, patent, registered design or copyright of CHJ Unit Trust; or
(b) the right to use or exploit a business name, trading name, domain name, trade mark or industrial design; or
(c) a system or process that is the subject of a patent, registered design or copyright (or an adaptation or modification of such a system or process).
(c) You may not, without the prior written permission of CHJ Unit Trust 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. This prohibition does not extend to materials on the Website, which are freely available for re-use or are in the public domain.
12. General Disclaimer
(a) You acknowledge that CHJ Unit Trust does not make any terms, guarantees, warranties, representations or conditions whatsoever regarding the Products other than provided for pursuant to these Terms.
(b) CHJ Unit Trust will make every effort to ensure a Product is accurately depicted on the Website, however, you acknowledge that sizes, colours and packaging may differ from what is displayed on the Website.
(c) Nothing in these 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.
(d) Subject to this clause, and to the extent permitted by law:
(i) all terms, guarantees, warranties, representations or conditions which are not expressly stated in these Terms are excluded; and
(ii) CHJ Unit Trust 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 Purchase Services or these Terms (including as a result of not being able to use the Purchase Services or the late supply of the Purchase Services), whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise.
(e) Use of the Website, the Purchase Services, and any of the products of CHJ Unit Trust (including the Delivery Services), is at your own risk. Everything on the Website, the Purchase Services, and the Products of CHJ Unit Trust, are provided to you on an "as is" and "as available" basis, without warranty or condition of any kind. None of the affiliates, directors, officers, employees, agents, contributors, third party content providers or licensors of CHJ Unit Trustincluding any third party where the Delivery Services are made available to you) make any express or implied representation or warranty about its Content or any products or Purchase Services (including the products or Purchase Services of CHJ Unit Trust) 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:
(i) 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;
(ii) the accuracy, suitability or currency of any information on the Website, the Purchase Service, or any of its Content related products (including third party material and advertisements on the Website);
(iii) costs incurred as a result of you using the Website, the Purchase Services or any of the Products;
(iv) the Content or operation in respect to links which are provided for the User's convenience;
(v) any failure to complete a transaction, or any loss arising from e-commerce transacted on the Website; or
(vi) any defamatory, threatening, offensive or unlawful conduct of third parties or publication of any materials relating to or constituting such conduct.
13. Limitation of Liability
(a) CHJ Unit Trust's total liability arising out of or in connection with the Purchase Services or these Terms, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the most recent Purchase Price paid by you under these Terms or where you have not paid the Purchase Price, then the total liability of CHJ Unit Trust is the resupply of information or Purchase Services to you.
(b) You expressly understand and agree that CHJ Unit Trust, its affiliates, employees, agents, contributors, third party content providers 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.
(c) CHJ Unit Trust is not responsible or liable in any manner for any site content (including the Content and Third Party Content) posted on the Website or in connection with the Purchase Services, whether posted or caused by users of the website of CHJ Unit Trust, by third parties or by any of the Purchase Services offered by CHJ Unit Trust.
(d) You acknowledge that CHJ Unit Trust does not provide the Delivery Services to you and you agree that CHJ Unit Trust will not be liable to you for any special, indirect or consequential loss or damage, loss of profit or opportunity, or damage to goodwill arising out of or in connection with the Delivery Services.
14. Termination of Contract
(a) The Terms will continue to apply until terminated by either you or by CHJ Unit Trust as set out below.
(b) If you want to terminate the Terms, you may do so by:
(i) notifying CHJ Unit Trust at any time; and
(ii) closing your accounts for all of the Purchase Services which you use, where CHJ Unit Trust has made this option available to you.
(c) Your notice should be sent, in writing, to CHJ Unit Trust via the 'Contact Us' link on our homepage.
(d) CHJ Unit Trust may at any time, terminate the Terms with you if:
(i) you have breached any provision of the Terms or intend to breach any provision;
(ii) CHJ Unit Trust is required to do so by law;
(iii) the partner with whom CHJ Unit Trust offered the Purchase Services to you has terminated its relationship with CHJ Unit Trust or ceased to offer the Purchase Services to you;
(iv) CHJ Unit Trust is transitioning to no longer providing the Purchase Services to Users in the country in which you are resident or from which you use the service; or
(v) the provision of the Purchase Services to you by CHJ Unit Trust is, in the opinion of CHJ Unit Trust, no longer commercially viable.
(e) Subject to local applicable laws, CHJ Unit Trust reserves the right to discontinue or cancel your membership to the Website at any time and may suspend or deny, in its sole discretion, your access to all or any portion of the Website or the Purchase Services without notice if you breach any provision of the Terms or any applicable law or if your conduct impacts CHJ Unit Trust's name or reputation or violates the rights of those of another party.
(f) When the Terms come to an end, all of the legal rights, obligations and liabilities that you and CHJ Unit Trust 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, shall be unaffected by this cessation, and the provisions of this clause shall continue to apply to such rights, obligations and liabilities indefinitely.
(a) You agree to indemnify CHJ Unit Trust, its affiliates, employees, agents, contributors, third party content providers and licensors from and against:
(i) 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 any Content you post through the Website;
(ii) any direct or indirect consequences of you accessing, using or transacting on the Website or attempts to do so and any breach by you or your agents of these Terms; and/or
(iii) any breach of the Terms.
16. Venue and Jurisdiction
(a) The Purchase Services offered by CHJ Unit Trust 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 Victoria, Australia.
17. Governing Law
(a) 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 shall 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 shall be binding to the benefit of the parties hereto and their successors and assigns.
(a) 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.