Terms of service
OVERVIEW
This website is operated by Basic Barista Aus. Throughout the site, the terms “we”, “us” and “our” refer to Basic Barista Aus.
Basic Barista Aus 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 of Service (“Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink.
These Terms apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/or contributors of content.
Please read these Terms carefully before accessing or using our website.
By accessing or using any part of the site, you agree to be bound by these Terms.
If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services.
Any new features or tools added to the current store shall also be subject to these Terms.
You can review the most current version at any time on this page.
We reserve the right to update or change any part of these Terms by posting updates and/or changes to our website.
Your continued use of or access to the website following any updates constitutes acceptance of those changes.
Our store is hosted by 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, you represent that you are at least the age of majority in your state or province of residence, or you have given consent for any of your minor dependents to use this site.
You may not use our products for any illegal or unauthorized purpose, nor may you violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of your Services.
SECTION 2 - GENERAL CONDITIONS
We reserve the right to refuse service to anyone for any reason at any time.
Your content (excluding credit card information) may be transferred unencrypted and involve transmissions over various networks.
Credit card information is always encrypted during transfer.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service without our written permission.
The headings used are for convenience only and will not limit or otherwise affect these Terms.
SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information on this site is not accurate, complete or current.
The material on this site is for general information only and should not be relied upon as the sole basis for making decisions without consulting more complete sources.
Any reliance on material here is at your own risk.
This site may contain historical information which is not current and is provided for reference only.
We reserve the right to modify the site content at any time without obligation to update information.
You agree it’s your responsibility to monitor changes to our site.
SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products are subject to change without notice.
We reserve the right to modify or discontinue the Service (or any part thereof) at any time without notice.
We shall not be liable to you or any third party for modification, price change, suspension, or discontinuance of the Service.
SECTION 5 - PRODUCTS OR SERVICES
Certain products or services may be available exclusively online.
These may have limited quantities and are subject to return or exchange according to our Return Policy.
We have made every effort to display products accurately, but we cannot guarantee your monitor’s display of colour is precise.
We may limit sales of our products to any person or region.
All descriptions and prices are subject to change without notice.
We reserve the right to discontinue any product at any time.
We do not warrant that the quality of any product, service or information will meet your expectations, or that any errors will be corrected.
Returns and exchanges are subject to our Return Policy, which forms part of these Terms. Please review it before purchasing.
SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse or cancel any order.
We may limit or cancel quantities purchased per person, per household, or per order.
These restrictions may apply to orders under the same account, payment card, or address.
If we change or cancel an order, we may notify you using the email or phone provided at purchase.
We reserve the right to refuse orders that, in our judgment, appear to be placed by resellers or distributors.
You agree to provide current, complete, and accurate purchase and account information for all purchases.
Please promptly update your account details (email, payment method, address, etc.) to ensure transactions can be completed.
SECTION 6A - SHIPPING, DELIVERY & RISK OF LOSS
Once your order has been dispatched, the risk of loss passes to you.
For international orders, you are responsible for customs duties, import fees, and taxes applicable in your country.
We are not responsible for delays caused by carriers, customs, or circumstances beyond our control.
SECTION 7 - OPTIONAL TOOLS
We may provide access to third-party tools over which we have no control or input.
You agree that such tools are provided “as is” without warranties.
We are not liable for any use of optional third-party tools.
Your use of these tools is entirely at your own discretion and subject to third-party terms.
SECTION 7A - PAYMENTS & FRAUD PREVENTION
Payments are processed securely through Shopify Payments or trusted third-party gateways such as PayPal, Shop Pay, and Afterpay.
We do not store your full credit card information.
All transactions are subject to fraud screening, and suspicious orders may be delayed or cancelled for verification.
SECTION 8 - THIRD-PARTY LINKS
Third-party links may direct you to websites not affiliated with us.
We are not responsible for examining content, and we make no warranty for materials, products, or services of third-parties.
Use of third-party websites is at your own risk and subject to their policies.
SECTION 8A - INTELLECTUAL PROPERTY
All content on this Site, including but not limited to text, images, graphics, logos, product descriptions, videos, blog posts, data compilations, design layouts, digital downloads, and all other materials, is the exclusive property of Basic Barista Aus or its content licensors and is protected under Australian and international copyright, design, and trademark laws.
You may not copy, reproduce, distribute, republish, transmit, display, modify, create derivative works from, upload, or otherwise exploit any portion of this Site for commercial or public purposes without our express prior written permission.
This includes, without limitation:
- Copying, paraphrasing, or reusing our written descriptions, articles, blog content, or product imagery on other websites, marketplaces, or digital media.
- Scraping, data-mining, or harvesting any part of this Site or its code, including for AI dataset training or analytical profiling.
- Using our branding, trademarks, or visual identity to imply affiliation, endorsement, or partnership.
- Republishing, mirroring, embedding, or otherwise displaying our content on social media, eCommerce platforms, or third-party sites without explicit authorisation.
All trademarks, trade names, and logos appearing on this Site remain the property of their respective owners.
Unauthorised use of our intellectual property, including imitation, resale, derivative works, or data extraction may result in legal action and claims for damages under Australian law.
We actively monitor for plagiarism, unauthorised reproduction, and data scraping. Infringements may lead to formal copyright claims, DMCA takedown requests, and cost recovery for damages incurred.
SECTION 8B - AI AND AUTOMATED USE RESTRICTIONS
You are strictly prohibited from using any automated system, software, algorithm, AI model, or similar technology to access, collect, copy, or analyse any content, data, or materials from this Site for the purpose of:
- Training, fine-tuning, or informing artificial intelligence models, datasets, or machine learning systems.
- Generating derivative works, synthetic content, or competitive data.
- Commercial use, resale, or redistribution of extracted data.
This restriction applies regardless of whether such actions are performed directly, indirectly, manually, or through automated tools (including crawlers, bots, or third-party APIs).
Any attempt to reproduce, scrape, or ingest this Site’s content for AI or data-modelling purposes without prior written permission constitutes a breach of these Terms and may result in immediate legal action, injunctive relief, and recovery of associated costs and damages.
We reserve all rights not expressly granted in this section and will enforce our intellectual property rights to the fullest extent permitted by law, including through the Digital Millennium Copyright Act (DMCA) and corresponding Australian copyright legislation.
SECTION 9 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
By submitting comments, ideas or content (including contest entries), you grant us unrestricted rights to edit, copy, publish and distribute that content.
We are under no obligation to maintain confidentiality, compensate you, or respond.
You agree that your comments will not violate the rights of others or include unlawful, defamatory, or obscene material.
We assume no responsibility for user-generated content.
SECTION 10 - PERSONAL INFORMATION
Your submission of personal information through the store is governed by our [Privacy Policy].
By using our Services, you consent to the collection and processing of your data by Shopify and other service providers as outlined there.
SECTION 11 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally, there may be typographical or informational errors relating to products, pricing, or promotions.
We reserve the right to correct errors, update information, or cancel orders if any data is inaccurate.
No specific update date should be interpreted as guaranteeing currency of all information.
SECTION 12 - PROHIBITED USES
You are prohibited from using this site or its content for unlawful purposes, to violate laws, infringe IP rights, harass, transmit malware, collect personal data without consent, or interfere with site security.
We reserve the right to terminate your use for any prohibited activity.
SECTION 13 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee uninterrupted, error-free, or secure access to our Service.
The Service and all products are provided “as is” without warranties of any kind.
We are not liable for any loss, claim, or damages of any kind, whether direct or indirect, arising from your use of the Service or products, except as required by law.
SECTION 13A - AUSTRALIAN CONSUMER LAW
Nothing in these Terms excludes or limits any consumer rights guaranteed under the Australian Consumer Law (ACL).
If our goods or services fail to meet a consumer guarantee, you are entitled to a remedy such as repair, replacement, or refund as appropriate.
SECTION 14 - INDEMNIFICATION
You agree to indemnify and hold harmless Basic Barista Aus, its officers, employees, and affiliates from any claim arising from your breach of these Terms or violation of any law or third-party rights.
SECTION 15 - SEVERABILITY
If any provision of these Terms is deemed unlawful or unenforceable, that portion shall be severed, and the remaining provisions will remain in effect.
SECTION 16 - TERMINATION
These Terms remain effective until terminated by you or us.
You may terminate them by ceasing use of our site.
If we suspect you’ve breached these Terms, we may terminate without notice and you’ll remain liable for amounts due up to the termination date.
SECTION 16A - FORCE MAJEURE
We are not liable for any delay or failure to perform our obligations due to causes beyond our reasonable control - including natural disasters, war, strikes, shipping disruptions, or government restrictions.
SECTION 17 - ENTIRE AGREEMENT
These Terms and our operating policies constitute the entire agreement between you and us and supersede any prior agreements.
Failure to enforce any provision does not waive our right to enforce it later.
SECTION 18 - GOVERNING LAW
These Terms are governed by and construed in accordance with the laws of Australia.
SECTION 18A - DISPUTE RESOLUTION
Any disputes arising under these Terms shall be governed by the laws of Victoria, Australia.
Both parties agree to attempt informal negotiation or mediation before commencing legal proceedings.
SECTION 19 - CHANGES TO TERMS OF SERVICE
We reserve the right to update or modify these Terms at any time.
Material changes will be posted on this page.
Your continued use of our website following any updates constitutes acceptance of the revised Terms.
SECTION 20 - CONTACT INFORMATION
Questions about these Terms should be sent to our email found on our Contact Us page.
SECTION 21 - ALLERGEN STATEMENT
While we take every precaution to provide our customers with the highest quality products, our coffee beans are not guaranteed gluten-free or allergen-free and may contain traces of nuts, soy, or dairy.
Please consult your healthcare provider if you have specific dietary concerns.
SECTION 22 - SUBSCRIPTIONS
Some products may be offered as subscription services that renew automatically on a recurring basis.
By subscribing, you authorise us to charge your chosen payment method for each renewal period until you cancel.
You can cancel at any time from your account.
Subscription charges may include taxes and shipping.
We will notify you in advance of any significant changes to pricing or terms.
SECTION 23 - SHOPIFY PROCESSING OF CUSTOMER DATA
Our store is hosted on Shopify Inc. Shopify collects and processes customer information to operate our store and to provide Enhanced Services, which may include aggregated insights derived from interactions with other merchants and with Shopify.