Terms of service

OVERVIEW

This website is operated by Tiny Beets Foods. Throughout the site, the terms "we", "us" and "our" refer to Tiny Beets Foods. Tiny Beets Foods offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

By visiting our site and/or purchasing something from us, you engage in our "Service" and agree to be bound by the following terms and conditions ("Terms of Service", "Terms"), including those additional terms and conditions and policies referenced here and/or available by hyperlink. These Terms of Service apply to all users of the site, including browsers, vendors, customers, merchants, and contributors of content.

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all of these terms, please don't use the site.

We may update these Terms of Service from time to time by posting changes to this page. It's your responsibility to check back periodically. Continuing to use the site after a change means you accept it.

Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.

SECTION 1 — ONLINE STORE TERMS

By agreeing to these Terms of Service, you confirm you are at least 18 years of age, or that you are the legal age in your Australian state or territory of residence and have the consent of a parent or guardian.

You may not use our products for any illegal or unauthorised purpose, nor may you, in using the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).

You must not transmit any worms, viruses or any code of a destructive nature.

A breach of these Terms will result in immediate termination of your Services.

SECTION 2 — GENERAL CONDITIONS

We reserve the right to refuse service to anyone for any reason at any time.

You understand that your content (excluding credit card information) may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service without our express written permission.

The headings used in this agreement are for convenience only and do not affect these Terms.

SECTION 3 — ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon as the sole basis for decisions without consulting more accurate, complete or current sources. Any reliance on the material on this site is at your own risk.

This site may contain historical information, which is provided for reference only. We reserve the right to modify the contents of this site at any time, but have no obligation to update any information on our site.

SECTION 4 — MODIFICATIONS TO THE SERVICE AND PRICES

Prices for our products are subject to change without notice.

We reserve the right at any time to modify or discontinue the Service (or any part of it) without notice.

We shall not be liable to you or any third party for any modification, price change, suspension or discontinuance of the Service.

SECTION 5 — PRODUCTS

Certain products may be available exclusively online. These products may have limited quantities and are subject to return or exchange only in line with our Refund Policy.

We have made every effort to display the colours and images of our products as accurately as possible. We cannot guarantee that your computer monitor's display of any colour will be accurate.

We reserve the right (but are not obligated) to limit the sales of our products to any person, geographic region or jurisdiction, on a case-by-case basis. We reserve the right to limit the quantities of any products we offer. All product descriptions and pricing are subject to change at any time without notice, at our sole discretion. We reserve the right to discontinue any product at any time.

SECTION 6 — ACCURACY OF BILLING AND ACCOUNT INFORMATION

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing or shipping address. If we change or cancel an order, we'll attempt to notify you using the email, billing address or phone number provided at the time the order was made.

You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information — including your email address, credit card numbers and expiry dates — so that we can complete your transactions and contact you as needed.

For more detail, please review our Refund Policy.

SECTION 6A — REFUSAL OF DELIVERY

If you refuse delivery of your order, get in touch with us straight away at info@tinybeetsfoods.com.au. Our food ships frozen and needs to stay in the cold chain, so refunds for refused deliveries are reviewed case by case. A few things help us help you: a correct delivery address at checkout, someone around to receive the parcel, and a quick heads-up if something's wrong.

SECTION 6B — PACKAGING

Our food ships frozen in insulated cold-chain packaging — usually a Tiny Beets Foods box with gel ice packs — built to keep things frozen in transit only. Once your parcel arrives, please unpack it straight away and move the food into your freezer. If the outer box looks roughed up but the food inside is still frozen and intact, that's the system doing its job and isn't grounds for a refund on its own; if the food itself has thawed, leaked or arrived damaged, email us at info@tinybeetsfoods.com.au within 24 hours with a photo and we'll sort it. Heating and handling instructions are printed on each pack — please follow them. As for disposal: the cardboard outer is kerbside-recyclable, the insulated liners are soft-plastic recycle where you have a collection point (Curby, RecycleSmart and similar), and gel packs aren't kerbside-recyclable — thaw them, drain the gel into general waste, and the empty pouch goes in soft plastics.

SECTION 7 — OPTIONAL TOOLS

We may provide you with access to third-party tools over which we have no control. You acknowledge and agree that we provide access to such tools "as is" and "as available" without any warranties, representations or conditions of any kind. We have no liability arising from your use of optional third-party tools.

Any use of optional tools offered through the site is at your own risk and discretion, and you should be familiar with and approve of the terms on which those tools are provided by the relevant third-party provider.

SECTION 8 — THIRD-PARTY LINKS

Certain content, products and services available via our Service may include materials from third parties.

Third-party links on this site may direct you to third-party websites that aren't affiliated with us. We are not responsible for examining or evaluating the content or accuracy of these sites and we are not liable for any harm or damages related to the purchase or use of goods, services, resources, content or any other transactions made in connection with any third-party websites. Please review the third party's policies carefully before any transaction. Complaints regarding third-party products should be directed to the third party.

SECTION 9 — USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

If you send us creative ideas, suggestions, proposals, plans or other materials (collectively, "comments"), you agree that we may at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use them in any medium. We are under no obligation to maintain comments in confidence, pay compensation for comments, or respond to comments.

We may, but have no obligation to, monitor, edit or remove content we determine to be unlawful, offensive, threatening, defamatory, obscene or otherwise objectionable, or that violates intellectual property rights or these Terms.

You agree that your comments will not violate any right of any third party, including copyright, trademark, privacy or other personal or proprietary right, and will not contain unlawful, abusive or obscene material, or any virus or malware. You may not use a false email address, pretend to be someone other than yourself, or otherwise mislead us as to the origin of any comments. You are solely responsible for any comments you make and their accuracy.

SECTION 10 — PERSONAL INFORMATION

Your submission of personal information through the store is governed by our Privacy Policy.

SECTION 11 — ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information on our site that contains typographical errors, inaccuracies or omissions relating to product descriptions, pricing, promotions, offers, shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information is inaccurate at any time without prior notice (including after you have submitted your order).

We undertake no obligation to update, amend or clarify information on the site except as required by law.

SECTION 12 — PROHIBITED USES

You are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, state or territory regulations, rules or laws; (d) to infringe upon or violate our intellectual property rights or those of others; (e) to harass, abuse, insult, harm, defame, slander, intimidate or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other malicious code; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website. We reserve the right to terminate your use of the Service for violating any of the prohibited uses.

SECTION 13 — DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

We do not guarantee, represent or warrant that your use of our Service will be uninterrupted, timely, secure or error-free, or that the results obtained from the use of the Service will be accurate or reliable.

You agree that from time to time we may remove the Service for indefinite periods or cancel the Service at any time, without notice to you.

Except as expressly stated by us, the Service and all products delivered through it are provided "as is" and "as available", without any representation, warranties or conditions of any kind, either express or implied.

To the maximum extent permitted by law, Tiny Beets Foods and our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors will not be liable for any direct, indirect, incidental, punitive, special or consequential damages arising from your use of the Service or any products procured using the Service.

Nothing in these Terms of Service excludes, restricts or modifies any rights or remedies you have under the Australian Consumer Law (Schedule 2 of the Competition and Consumer Act 2010 (Cth)) that cannot be lawfully excluded. Our goods come with guarantees that cannot be excluded under the ACL, including the right to a refund, replacement or repair for a major failure.

SECTION 14 — INDEMNIFICATION

You agree to indemnify, defend and hold harmless Tiny Beets Foods and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees from any claim or demand, including reasonable legal fees, made by any third party arising out of your breach of these Terms of Service or your violation of any law or the rights of a third party.

SECTION 15 — SEVERABILITY

If any provision of these Terms of Service is determined to be unlawful, void or unenforceable, that provision will nonetheless be enforceable to the fullest extent permitted by law, and the unenforceable portion will be severed. Severability of a single provision will not affect the validity and enforceability of any remaining provisions.

SECTION 15A — FORCE MAJEURE

Some things are outside our control — bushfires, floods, storms and other natural disasters; pandemics or public health emergencies; supplier, ingredient or packaging shortages; courier and freight network delays or outages; power outages, equipment failure or industrial action; and government or regulatory action that prevents us fulfilling orders. If an event like one of these affects us, our obligations under these Terms will be suspended or modified for the duration, and we'll let you know what's going on as soon as we can. Refunds and timing for any affected orders will be handled case-by-case in the same spirit as our refusal-of-delivery process. Nothing in this section limits your rights under the Australian Consumer Law for major failures.

SECTION 16 — TERMINATION

Obligations and liabilities of the parties incurred prior to the termination date survive termination of this agreement.

These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.

If in our sole judgment you fail (or we suspect you have failed) to comply with any term of these Terms of Service, we may terminate this agreement at any time without notice, and you will remain liable for all amounts due up to and including the date of termination.

SECTION 17 — ENTIRE AGREEMENT

Our failure to exercise or enforce any right or provision of these Terms of Service does not constitute a waiver of that right or provision.

These Terms of Service and any policies or operating rules posted by us on this site constitute the entire agreement between you and us, superseding any prior agreements, communications and proposals.

Any ambiguities in the interpretation of these Terms of Service will not be construed against the drafting party.

SECTION 18 — GOVERNING LAW

These Terms of Service and any separate agreements whereby we provide you Services are governed by and construed in accordance with the laws of Australia, and any disputes will be subject to the exclusive jurisdiction of the Australian courts.

SECTION 19 — CHANGES TO TERMS OF SERVICE

You can review the most current version of the Terms of Service at any time on this page. We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. Your continued use of the site after a change constitutes acceptance of those changes.

SECTION 20 — CONTACT INFORMATION

Questions about the Terms of Service can be sent to us at info@tinybeetsfoods.com.au.