Please read these terms and conditions carefully before using this site.

 

1. Who we are and how to contact us  

www.figueadelaidehills.com.au is a website (Site) operated by Figue Adelaide Hills ABN 32600246267 of 31 Hartley Vale Road, Kenton Valley SA 5233 (we, us and our). To contact us, please email figue.adelaidehills@outlook.com.

2. By using our Site you accept these terms  

By using our Site, you confirm that you accept these terms of use and that you agree to comply with them. If you do not agree to these terms, you must not use our Site.

3. We may make changes to these terms  

We amend these terms from time to time. Every time you wish to use our Site, please check these terms to ensure you understand the terms that apply at that time.

4. We may make changes to our Site  

We may update and change our Site from time to time for purposes including, but not limited to, reflecting changes to our products, our users’ needs, changes in law, or changes in our business priorities. We will try to give you reasonable notice of any major changes.

5. We may suspend or withdraw our Site  

5.1 Our Site is made available free of charge.

5.2 We do not guarantee that our Site, or any content on it, will always be available, uninterrupted or be error-free.

5.3 We may suspend or withdraw or restrict the availability of all or any part of our Site for business or operational reasons. We will try to give you reasonable notice of any suspension or withdrawal.

5.4 You are also responsible for ensuring that all persons who access our Site through your internet connection are aware of these terms of use and other applicable terms and conditions, and that they comply with them.

6. Eligibility to use our Site

Our Site is directed to users who are at least 18 years old and are residing in and using this Site within Australia. We do not represent that content available on or through our Site is appropriate for use or available in other locations. If you access our Site from outside Australia, you do at your risk and you are responsible for compliance with laws applicable to your accessing the Site from your location.

7. You must keep your personal details safe

If you know or suspect that anyone other than you have improperly used or disclosed your personal details on our Site, you must promptly notify us at figue.adelaidehills@outlook.com.

8. How you may use material on our Site

8.1 We are the owner or the licensee of all intellectual property rights in our Site, and in the content published on it. Those works are protected by intellectual property laws (including copyright) and treaties around the world. All such rights are reserved.

8.2 You may print off one copy, and may download extracts, of any page(s) from our Site for your personal use and you may draw the attention of others to content posted on our Site.

8.3 You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.

8.4 Our status (and that of any identified contributors) as the authors of content on our Site must always be acknowledged.

8.5 You must not use any part of the content on our Site for commercial purposes without obtaining a licence to do so from us or our licensors.

8.6 If you print off, copy or download any part of our Site in breach of these terms of use, your right to use our Site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

8.7 If we provide social media features such as the ability to share content, you may take such actions as are enabled by such features.

8.8 You must not delete or alter any copyright, trade mark or other proprietary rights notices from copies of materials from this Site.

9. Do not rely on information on this Site

9.1 This Site is provided on an “as is” and “as available” basis, and we make no representations or warranties, express or implied, regarding the operation or availability of the Site.

9.2 The content on our Site is provided for general information only, and you agree that your use of or reliance on the content is at your risk. It is not intended to amount to advice on which you should rely.

9.3 Although we make reasonable efforts to update the information on our Site, we make no representations, warranties or guarantees, whether express or implied, that the content on our Site is accurate, complete, error free, or up to date.

 

10. We are not responsible for websites we link to

Where our Site contains links to other sites (including banner advertisements and sponsored links) and resources provided by third parties, these links are provided for your information only. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them. We have no control over the contents of those sites or resources, and you access third party websites entirely at your own risk and subject to the terms and conditions of use for those websites.

11. User-generated content

11.1 This Site may include information and materials uploaded by other users of the Site, including reviews and comment threads. This information and these materials have not been verified or approved by us. The views expressed by other users on our Site do not represent our views or values.

11.2 All user contributions must comply with the content standards set out in Clause 12 of these terms.

11.3 Any user contribution you post to the Site will be considered non-confidential and non-proprietary. You retain all of your ownership rights in your content, however by providing any user contribution on the Site, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors and assigns the right to use, reproduce, modify, perform, display, distribute and otherwise disclose to third parties any such material for any purpose.

11.4 We also have the right to disclose your identity to any third party who is claiming that any content posted or uploaded by you to our Site constitutes a violation of their intellectual property rights, or of their right to privacy.

11.5 We have the right to remove any posting you make on our Site if, in our opinion, your post does not comply with the content standards in Clause 12 of these terms.

11.6 You are solely responsible for securing and backing up your content.

11.7 You represent and warrant that: You own or control all rights in and to your user contributions and have the right to grant the license granted above to us and our affiliates and service providers, and each of their and our respective licensees, successors and assigns.

• All your user contributions do and will comply with these terms.
• You understand and acknowledge that you are responsible for any user contributions you submit or contribute, and you (and not us) have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness.
• We are not responsible, or liable to any third party, for the content or accuracy of any user contributions posted by you or any other user of the Site.

11.8 We have the right to remove, refuse to post or take any action with respect to any user contributions for any or no reason in our sole discretion. If you wish to complain about information and materials uploaded by other users, please contact us at figue.adelaidehills@outlook.com.

12. Content standards

12.1 The content standards in this clause 12 apply to all user contributions and use of social media features. User contributions must in their entirety comply with all applicable federal, state, local and international laws, and regulations. You warrant that your user contributions will not:

1. contain any material which is defamatory, obscene, abhorrent, indecent, abusive, offensive, harassing, violent, hateful, inflammatory or otherwise objectionable;
2. contain or promote sexual or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
3. infringe any patent, trade mark, trade secret, copyright or other intellectual property or other rights of any other person;
4. violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these terms and our privacy policy, accessible here: Privacy Policy;
5. be likely to deceive any person;
6. promote any illegal activity, or advocate, promote or assist any unlawful act;
7. cause annoyance, inconvenience or needless anxiety or be likely to upset, embarrass, alarm, or annoy any other person;
8. impersonate any person or misrepresent your identity or affiliation with any person or organisation, including with us;
9. involve commercial activities or sales, such as contests, sweepstakes and other sales promotions, barter, or advertising; or
10. give the impression that they emanate from or are endorsed by us or any other person or entity if this is not the case.

12.2 Whenever you make use of a feature that allows you to upload content to our Site, or to contact other users of our Site, you must comply with the content standards in this clause 12.

12.3 You warrant that any such contribution complies with these standards, and you will be liable to us and indemnify us for any breach of that warranty. This means you will be responsible for any loss or damage we suffer in relation to your breach of warranty. We may report any breach of your warranty to the relevant law enforcement authorities, and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our Site will cease immediately.

13. Limitation of liability

13.1 To the extent permitted by law, in no event will we, our affiliates or their licensors, service providers, employees, agents, officers or directors be liable for damages of any kind, under any legal theory, arising out of or in connection with your use, or inability to use, our Site, any websites linked to it, any content on our Site or such other websites, the supply of any products to you or any other services or items obtained through our Site or such other websites, including any direct, indirect, special, incidental, consequential or punitive damages, including but not limited to, personal injury, pain and suffering, emotional distress, loss of revenue, loss of profits, loss of business or anticipated savings, loss of use, loss of goodwill, loss of data, and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.

13.2 Nothing in this clause affects any liability which cannot be excluded or limited under applicable law. We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors and for fraud or fraudulent misrepresentation. Where our liability cannot be excluded, we limit our liability to the fullest extent permitted by the Australian Consumer Law.

13.3 You agree to defend, indemnify and hold us, our affiliates, licensors and service providers, and each of their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns, harmless from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these terms or your use of the Site, including, but not limited to your user contributions, your use of any information obtained from the Site and any use of the Site’s content, services and products other than as expressly authorised in these terms.

14. We are not responsible for viruses

14.1 We do not guarantee that our Site will be secure or free from bugs or viruses or any other type of malicious code or software.

14.2 You are responsible for configuring your technology to access our Site. You should use your own antivirus software.

15. Rules about linking to our Site

15.1 You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. The website in which you are linking must comply in all respects with the content standards set out in Clause 12.

15.2 You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.

15.3 Our Site must not be framed or mirrored on any other Site, nor may you create a link to any part of our Site other than the home page.

15.4 We reserve the right to withdraw linking permission without notice.

15.5 If you wish to link to or make any use of content on our Site other than that set out above, please contact figue.adelaidehills@outlook.com.

16. Our trade marks are registered

You must not use any trade marks we possess without our prior written permission unless they are part of material you are using as permitted under Clause 8. Other names, logos, product and service names, designs and slogans on this Site are the trade marks of their respective owners and are used by us under licence.

17. Prohibited uses

17.1 You may use the Site only for lawful purposes and in accordance with these terms. You agree not to use the Site:

1. in any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from other countries);

2. for the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise;

3. to send, knowingly receive, upload, download, use or re-use any material which does not comply with the content standards set out in Clause 12 of these terms;

4. to transmit, or procure the sending of, any advertising or promotional material [without our prior written consent], including any “junk mail”, “chain letter” or “spam” or any other similar solicitation;

5. to impersonate or attempt to impersonate us, any of our employees, another user or any other person or entity (including, without limitation, by using email addresses [or screen names] associated with any of the foregoing); or

6. to engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Site, or which, as determined by us, may harm us or users of the Site or expose them to liability.

17.2 Additionally, you agree not to:

1. use the Site in any manner that could disable, overburden, damage, or impair the Site or interfere with any other party’s use of the Site, including their ability to engage in real time activities through the Site;

2. use any robot, spider or other automatic device, process or means to access the Site for any purpose, including monitoring or copying any of the material on the Site;

3. use any manual process to monitor or copy any of the material on the Site or for any other unauthorised purpose without our prior written consent;

4. use any automatic or manual process to reverse engineer or decompile any part of the Site;

5. use any device, software or routine that interferes with the proper working of the Site;

6. introduce any viruses, trojan horses, worms, logic bombs, spyware, computer code, file, program or material which is malicious or technologically harmful;

7. attempt to gain unauthorised access to, interfere with, damage or disrupt any parts of the Site, the server on which the Site is stored, or any server, computer or database connected to the Site;

8. attack the Site via a denial-of-service attack or a distributed denial-of-service attack; or

9. otherwise attempt to interfere with the proper working of the Site.

17.3 We may report any of the activities above to the relevant law enforcement authorities and we will cooperate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our Site will cease immediately.

18. Online purchases

18.1 All online orders constitute an offer to Figue Adelaide Hills and are subject to acceptance by Figue Adelaide Hills.

18.2 Prices and shipping costs are as specified on this Site as at the date of the order.

18.3 Prices shown on this Site are in Australian dollars and include GST, unless otherwise detailed. Orders must be accompanied by valid payment through one of our payment methods in Clause 22.

19. Our products

19.1 We strive to present our products with the highest possible accuracy. However, we do not warrant that the quality of any products you purchase or acquire will meet your expectations.

19.2 We may limit the sales of our products to any person, region, or jurisdiction at our discretion.

19.3 At our discretion, we reserve the right to modify, change, or update product descriptions or pricing without prior notice. Additionally, we may choose to discontinue any product at any given time.

20. Online transactions

20.1 We accept the following payment methods:

1. Mastercard;

2. Visa;

3. PayPal,

and any other payment method specified on the Site.

20.2 You agree to provide accurate and complete information for all purchases, such as your email address, credit card numbers, and expiration dates. This will enable us to complete your transactions and contact you as needed.

20.3 During the purchase process, third-party tools or payment methods may be used. We do not actively monitor or have control or influence over the services provided by these third-party entities. By acknowledging and accepting these terms, you understand that we offer access to such tools on an "as is" and "as available" basis, without any warranties, representations, or conditions, and without endorsing them. We bear no responsibility or liability for any issues arising from or connected to your use of third-party services.

20.4 Any use of third-party services through the Site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).

21. Delivery and weather

21.1 Products will only be supplied to street addresses within Australia via our third party contractors, including Australia Post.

21.2 We will strive to dispatch products as soon as practicable after the date of your order. However, we cannot guarantee specific delivery timeframes.

21.3 Figue Adelaide Hills will not be liable for any delays in the delivery of products, and any dates provided are indicative only.

21.4 We may provide you with a tracking number for your order (subject to receiving the tracking number from our third party contractors including Australia Post).

21.5 You acknowledge that our products are perishable and heat sensitive. We may delay shipping any products to you if in our reasonable opinion the weather conditions (including in our location, the delivery location, or the locations on the delivery route) are not suitable. If we delay shipping, we will notify you and ship the products as soon reasonably practicable when in our reasonable opinion the weather is suitable. Without limiting this clause:

(a) You acknowledge and agree that, in our discretion we may not ship to tropical and sub-tropical areas of Australia.

(b) In our discretion we may not ship an order if the weather forecast is predicted to be above 32°Celsius for two days or more at either the despatch or destination locations.

(c) In our discretion we may not ship on Thursday or Friday to ensure orders do not sit in transit or storage over a weekend.

(d) We will not be liable for any damage that occurs to the products during delivery, including due to heat.

21.6 We are happy to discuss shipment options with you via email at figue.adelaidehills@outlook.com. 

21.7 To ensure the products are delivered in optimal condition, it is necessary for you to provide a delivery address where someone will be available to accept delivery of the products during business hours. Please note that we will not be liable for any damage that occurs to the products if you are not able to accept delivery of the products in person during business hours.

21.8 If no recipient is available at the time of delivery, the products may be taken for storage at premises of our third party contractors (including an Australia Post depot) for you to collect. Please note that Figue Adelaide Hills will not be liable for any damage that occurs to the products while in possession or storage of our third party contractors (including an Australia Post depot).

22. Cancellation of orders

22.1 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 or per order. These limitations may apply to orders placed using the same credit card, billing address, and/or shipping address. If we modify or cancel an order, we may attempt to inform you by contacting the email address and/or phone number provided during the order placement process.

22.2 If, at our absolute discretion, we decide to cancel your order, we will pay a refund as soon as possible, but in any event within 30 days.

23. Refunds

23.1 We will not accept returns due to the perishable nature of our products.

23.2 All Products are sold on a no return for credit basis, unless, subject to this clause and in our reasonable opinion;

1. the Products are received in a damaged state; or

2. incorrect Products are supplied to you; or

3. the Products are faulty,

and the reason was caused by our fault.

23.3 In the event that the delivered Product does not match your order (including any replacement Products), or it does not align with the provided description, or it fails to meet satisfactory quality standards, we may, at our discretion, offer you a replacement Product or a partial or full refund of the amount paid.

23.4 Claims for refund must be made within seven (7) days of receipt or collection of the Products by You by emailing figue.adelaidehills@outlook.com. Evidence of the Products that were supplied and the reason for the claim must be presented to us and any information that we reasonably request, failing which any such claims are deemed to be waived.

23.5 We will review your claim for a refund as soon as reasonably practicable, and if you are entitled to a refund from us (in our reasonable opinion), we will process the refund as soon as reasonably practicable.

24. Other terms and conditions

24.1 Additional terms and conditions may also apply to specific portions, services or features of the Site. All such additional terms and conditions are incorporated by this reference into these terms.

25. General

25.1 These terms constitute the entire agreement, understanding and arrangement (express and implied) between you and us relating to the subject matter of these terms and supersedes and cancels any previous agreement, understanding and arrangement relating thereto whether written or oral.

25.2 If any provision of these terms is prohibited, invalid or unenforceable, that provision will be ineffective to the extent of the prohibition, invalidity or unenforceability without invalidating the remaining provisions of these terms or affecting the validity or enforceability of that provision, unless it materially alters the nature or material terms of these terms.

25.3 A notice or other communication to or by a party under these terms must be in writing, and must be delivered in person, by email or by post to an address of the recipient specified in these terms or any new address of the recipient known to the sender.

25.4 You may only use confidential or sensitive information disclosed by us for the purposes expressly specified by us, and must keep any such confidential information confidential except where the information is public knowledge (but not because of a breach of these terms, disclosure is required by law or a regulatory body.

25.5 The laws of South Australia govern these terms. Each party submits to the non-exclusive jurisdiction of the courts exercising jurisdiction in South Australia and waives any right to claim that those courts are an inconvenient forum.

25.6 An obligation on us under these terms will be suspended during the time and to the extent that we are prevented from or delayed in complying with that obligation by an event of force majeure. For the purposes of this clause, ‘force majeure’ means events or circumstances to the extent that such events are beyond the reasonable control of us, including any: pandemics or epidemics, act of God, pandemic or epidemic, fire, lightning, flood, explosion, or subsidence or other natural disaster, insurrection or civil disorder or military operations, Government restraint, expropriation, prohibition, intervention, direction or embargo, strikes, lock-outs or other industrial disputes of any kind, or failures tor delays by suppliers or subcontractors.

25.7 You must not assign or novate any right or obligation (as applicable) under these terms without our prior written consent.