Website Terms and Conditions
By accessing this website ("website”) and any materials, recipes or information presented on the website or provided, disclosed or presented by on or on behalf of Cafenatics Pty Ltd ("Cafenatics” or "we”), you agree to accept the following terms and conditions of use of the website ("Terms”). Cafenatics reserves the right to amend at any time the Terms and, by using the website at any time, you acknowledge that you have read, understood and agree to be bound by the then current Terms in use.
Disclaimer
All of the material published on the website is for information purposes only and does not constitute advice. Whilst the information on the website has been prepared with all reasonable care from sources that we consider to be reliable to the fullest extent permitted by any applicable law, we, our employees, directors, agents and subcontractors take no responsibility and will not be held liable for any errors, omissions or misstatements in the information howsoever caused at any time.
The information on the website is current at the date of publication on the website but may be subject to change. Whilst Cafenatics has made every reasonable effort to ensure that information is free from error, we do not guarantee that the information or images are current, complete or correct and therefore, to the fullest extent permitted by applicable law, accept no responsibility for any use of or reliance upon any of the information or images on the website. On the same basis, Cafenatics does not accept liability for errors, omissions in, delays or interruptions to or cessation of access to the website, through negligence or for any other reason whatsoever. Cafenatics does not guarantee that the website or third party websites will be free from viruses and will not accept any liability for any loss or damage including any consequential loss or damage howsoever caused by any virus.
References to other sites are provided as an information service only and should not necessarily be construed as an endorsement of those sites or their content. Conversely, omissions should not be construed as non-endorsement.
Although every reasonable care is taken to provide links to suitable material from this site, the nature of the internet prevents us from guaranteeing the quality, suitability, completeness or accuracy of any of the material that this site may be linked to. Consequently, to the fullest extent permitted by applicable law, Cafenatics accepts no responsibility for the content of that material including any unlawful, unsuitable or inaccurate material that may be encountered.
Cafenatics is not responsible for the accuracy or legitimacy of information found elsewhere on the internet and there is no guarantee or representation by us that any of the sites listed will be available at any particular time. Subject to any terms implied by law and which cannot be excluded, we accept no responsibility for any loss, damage, cost or expense whether direct or indirect or caused by negligence by any of Cafenatics' employees, agents or subcontractors, or caused or incurred by you as a result of any error, omission or misrepresentation in any information in this site.
Cafenatics does not guarantee or represent to you any services which might be announced nor provide any authorisation, direct or indirect, relating to use of information or links.
Limitation of Liability
Cafenatics and any of its officers, directors, principals, agents and employees make no representations or warranties, express or implied, regarding the accuracy, reliability, completeness, suitability or other characteristics of the information and materials contained on or presented from time to time throughout the website. Cafenatics disclaims all warranties and conditions with regard to such information and materials, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title, non-infringement and availability.
To the maximum extent permitted by law, Cafenatics and any of its officers, directors, principals, agents and employees disclaim liability for any claims, liabilities, losses, costs or damages, including direct, indirect, punitive, incidental, special or consequential damages, arising out of or in any way connected with:
- the use of or inability to use the website or with any delay in using the website;
- any information and materials obtained through the website;
- otherwise arising out of the use of the website; or
- in any case whether based on actions arising in contract, tort or otherwise.
This disclaimer applies, to the maximum extent permitted by law, even if Cafenatics or any of its respective officers, directors, principals, agents or employees have been advised of the possibility of damages.
Cafenatics' liability in connection with the supply of any services to you is, to the maximum extent permitted by law, limited to supplying of the services again, or the payment of the reasonable cost of having the services supplied again, at Cafenatics' sole discretion.
Intellectual Property Rights Notice
Except for the copyright in the Terms, Cafenatics asserts copyright and all other intellectual property rights in the website, unless otherwise stated. Except where indicated to the contrary, all trade marks which appear on the website are the property of Cafenatics and are indicated by the appropriate symbol. You may only use the website and information contained therein for your own personal, non-commercial information purposes.
Cafenatics also reserves copyright and all other intellectual property rights in all our documents and images appearing on or linked to the website. Users of the website may download a single copy of these documents and images for their personal use only.
Except where allowed in this notice or permitted under the Copyright Act 1968 (Cth) or other applicable laws, no information appearing on or linked to by the website in which we have reserved copyright shall be reproduced in any form, adapted or transmitted in any form by any process, including electronic form, without our express written permission. Otherwise, Cafenatics reserves all of its rights in all the intellectual property rights on the website from time to time.
Withdrawal and Suspension of Service
Cafenatics may at its discretion withdraw completely, or suspend for a period of time, the website, or access to it, for any reason including without limitation:
- if there is an interruption, fault, virus, unauthorised access, denial of service or other malicious attack on any part of our computer or telecommunications system;
- if you breach any part of the Terms;
- if you use or assist others to use the website for an inappropriate purpose, including the storage or transmission of inappropriate, unlawful or offensive material.
Privacy Policy
We respect the privacy of our clients, agents and associates and the protection of your personal information. This Privacy Policy outlines how Cafenatics safeguards the privacy of any personal information that you give to us in person, through the telephone, via the website or pursuant to any other arrangement.
Personal Information
Personal Information includes any information or opinion, whether true or not, about an individual from which their identity is apparent or can reasonably be ascertained.
Collection of your Personal Information
Cafenatics only collects personal information from you, which is necessary for conducting our business, providing our services to you and meeting our legal obligations. We collect personal information about you only by lawful and fair means and not in an unreasonably intrusive way. Cafenatics operates as part of a group (the Cafenatics Group) and you agree and acknowledge that information collected by any entity in the Cafenatics Group may be disclosed to any entity within the Cafenatics Group (see “Use and Disclosure of your Personal Information” below).
Cafenatics takes reasonable steps to ensure that you know why we are collecting your personal information, what we use it for, to whom we disclose it and how you can access it to ensure its accuracy.
Where reasonable and practicable to do so, Cafenatics collects personal information about you directly from you. Generally, we may collect personal information about you when you meet with us in person, contact us by telephone, facsimile or email, correspond with us by mail or when you request further information about our services through the website.
Generally, Cafenatics only collects personal information from the website when you provide it voluntarily, for example when you complete an electronic form requesting further details about services, send us an email or submit your curriculum vitae to us.
Occasionally, while acting on your behalf, Cafenatics may collect personal information about you from a third party such as organisations with whom you may have dealings, an information service provider or from a publicly maintained record.
Use and Disclosure of your Personal Information
Cafenatics endeavours to use and disclose personal information about you only for the primary purpose for which we have collected it. Where you have submitted a curriculum vitae or personal information for the purpose of seeking employment, your personal information may be disclosed within the Cafenatics Group. The primary purpose of collection may relate, for example, to the provision of our services, marketing our services or products to you or providing you with information (for example about suitable employment opportunities within the Cafenatics Group).
Sometimes it may be necessary to use or disclose your personal information for a secondary purpose, which is related to the primary purpose of collection, such as providing our newsletter to you.
Cafenatics does not disclose or sell your personal information, which it collects and holds, to third parties in order to allow them to directly market their products and services to you.
Securing your Personal Information
Cafenatics will take reasonable steps to protect the personal information which we hold from misuse and loss, unauthorised access, modification or disclosure.
To protect your personal information, we have implemented physical, computer and network, communications and personnel security measures. Locks and a monitored alarm system secure our office and data storage facilities. Authorised users who have been issued passwords and specific user identifiers can only gain access to our computer system.
Cafenatics takes reasonable steps to destroy or permanently de-identify your personal information if we no longer need it. We have in place systems for destroying or de-identifying personal information that is no longer required, such as shredding of paper documents that contain such information.
Accessing your Personal Information
You may gain access to the personal information that we hold about you by contacting our Privacy Officer subject to Cafenatics exercising its discretion, which will not be unreasonably.
Cafenatics will deal with your request within a reasonable time. We may charge you a reasonable fee for retrieving the personal information we hold about you and providing you with a copy of it.
In the event that we deny you access to your personal information, we will provide reasons for our decision to do so.
In the event that we deny you access to your personal information for any reason, we will provide reasons for our decision to do so.
Our Contact Details
If you would like to find out more about Cafenatics' management of personal information or our approach to privacy, please contact our Privacy Officer.
Privacy officer: Andrea Haddad - privacy@cafenatics.com.au
Amendment to Privacy Policy
Cafenatics reserves the right to amend our Privacy Policy as and when it becomes necessary. We will issue notice about any changes to the content of this policy by publishing an updated version on the website.
Acceptance and Changes to Terms
You acknowledge and accept that your access to or use of the website indicates your acceptance of the Terms, the Intellectual Property Rights Notice and the Privacy Policy.
The Terms replace any other Terms for the website published to date. Cafenatics may at any time vary the Terms by publishing variations on the website. You accept that by doing this, we have provided you with sufficient notice of the variation.
Termination
If in our reasonable opinion, you breach any of the Terms, Cafenatics may suspend, terminate or limit your access to the website immediately.
If any of the Terms are invalid or unenforceable, the relevant term will be struck out and the remaining terms will remain in force. If Cafenatics does not act in relation to a breach by you of the Terms, this does not waive Cafenatics’ right to act with respect to subsequent or similar breaches.
Governing Law
This notice and the information on this site and all matters relating thereto are governed by and are to be construed according to the laws applicable in the State of Victoria, Commonwealth of Australia. You irrevocably submit to the exclusive jurisdiction of the Courts of Victoria, Australia and the courts of appeal from them for determining any dispute concerning the Terms or any other matters directly or indirectly relating to any of the Terms, the website or its contents.
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