Terms & Conditions

This website is operated by The Melbourne Rock Candy Company.  Throughout the site, the terms "we", "us" and "our" refer to The Melbourne Rock Candy Company.  The Melbourne Rock Candy Company 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 and Conditions", "Terms of Service", "Terms"), including those additional terms and conditions and policies referenced herein and/or available by hyperlink.  These Terms and Conditions 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 and Conditions carefully before accessing or using our website.  By accessing or using any part of the site, you agree to be bound by these Terms and Conditions.  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.  If these Terms and Conditions are considered an offer, acceptance is expressly limited to these Terms and Conditions.

Any new features or tools which are added to the current store shall also be subject to the Terms and Conditions.  You can review the most current version of the Terms and Conditions at any time on this page.  We reserve the right to update, change or replace any part of these Terms and Conditions by posting updates and/or changes to our website.  It is your responsibility to check this page periodically for changes.  Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

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

SECTION 1 - ONLINE STORE TERMS

By agreeing to these Terms and Conditions, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.

You may not use our products for any illegal or unauthorised purpose nor may you, in the use of our product, 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 and Conditions 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.  You understand that your content (not including 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, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.  The heads used in this agreement are included for convenience only and will not limit or otherwise affect these Terms and Conditions.

SECTION 3 - PRICING MODIFICATIONS

Prices for our products are subject to change without notice.  We reserve the right at any time to modify or discontinue the Product/Service (or any part or content thereof) without notice at any time.  We shall not be liable to you or to any third-party for any modification, price change, suspension of discontinuance of the Service/product.

SECTION 4 - PRODUCTS

We have made every effort to display as accurately as possible the colours and images of our products.  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 sale of our products to any person, geographic region or jurisdiction.  We may exercise this right on a case-by-case basis.

SECTION 5 - 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 and/or shipping address.  In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the email and/or billing address/phone number provided at the time the order was made.  We reserve the right to limit or prohibit orders that, in our sole judgement, appear to be placed by dealers, resellers or distributors.  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 and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.  For more detail, please review our Returns Policy.

SECTION 6 - THIRD-PARTY LINKS

Third-party links on this site may direct you to third-party websites that are not affiliated with us.  We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.  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 carefully the third-party's policies and prac6tices and make sure you understand them before you engage in any transaction.  Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

SECTION 7 - PRIVACY POLICY

Collecting Personal Information

When you visit our website (the "Site"), we collect certain information about your device, your interaction with the Site, and information necessary to process your purchases.  We may also collect additional information if you contact us for customer support.  In this Privacy Policy, we refer to any information that can uniquely identify an individual (including the information below) as "Personal Information".  See the list below for more information about what Personal Information we collect and why. 

Device Information

Examples of Personal Information collected:  version of web browser, IP address, time zone, cookie information, what sites or products you view, search terms and how you interact with the Site.  Purpose of collection: to load the Site accurately for you, and to perform analytics on Site usage to optimise our Site.  Source of collection:  Collected automatically when you access our Site using cookies, log files, web beacons, tags, or pixels.  Disclosure for a business purpose:  shared with our processor Shopify.

Order Information

Examples of Personal Information collected: name, billing address, shipping address, payment information (including credit card numbers), email address, and phone number.  Purpose of collection:  to provide products to you to fulfill our contact, to process your payment information, arrange for shipping, and provide you with invoices and/o0r order confirmations, communicate with you, screen our orders for potential risk or fraud, and when in line with the preferences you have shared with us, provide you with information or advertising relating to our products.  Source of collection:  collected from you.  Disclosure for a business purpose:  shared with our processor Shopify and shipping and fulfillment apps.

Sharing Personal Information

We share your Personal Information with service providers to help us provide our products and fulfill our contracts with you, as described above.  For example we use Shopify to power our online store.  You can read more about how Shopify uses your Personal Information here https://www.shopify.com/legal/privacy.  We may share your Personal Information to comply with applicable laws and regulations, to respond to a subpoena, search warrant or other lawful request for information we receive, or to otherwise protect our rights.

Using Personal Information

We use your personal Information to provide our products to you, which includes:  offering products for sale, processing payments, shipping and fulfillment of your order, and keeping you up to date on new products and offers.  Retention - When you place an order through the Site, we will retain your Personal Information for our records unless and until you ask us to erase this information.  For more information on your right of erasure, please see the "Yours rights" section below.

Cookies

A cookie is a small amount of information that is downloaded to your computer or device when you visit our Site.  Cookies also provide information on how people use the website, for instance whether it's their first time visiting or if they are a frequent visitors.  The length of time a cookie remains on your computer or mobile device depends on whether it is a "persistent" or "session" cookie.  Session cookies last until you stop browsing and persistent cookies last until they expire or are deleted.  Most of the cookies we use are persistent and will expire between 30 minutes and two years from the date they are downloaded to your device.  You can control and manage cookies in various ways.  Please keep in mind removing or blacking cookies can negatively impact your user experience and parts of our website may no longer be fully accessible.  Most browers automatically accept cookies, but you can choose whether or not to accept cookies through your browser controls, often found in your browser's "Tools" or "Preferences" menu.  For more information on how to modify your browser settings or how to block, manage or filter cookies can be found in your brower's help file or through such sites as www.allaboutcookies.org.

We may update this Privacy Policy from time to time in order to reflect, for example, changes to our practices or for other operational, legal or regulatory reasons.

SECTION 8 - ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information on our site that contains typographical errors, inaccuracies or omission that may relate to product descriptions, pricing, promotions, offers, product 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 in the Service or on any related website 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 in the Service or on any related website, including without limitation, pricing information, except as required by law.  No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

SECTION 9 - 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.  All products delivered to you through the service are (except as expressly stated by us) provided "as is" and "as available" for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.  In no case shall The Melbourne Rock Candy Co, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any products, or for any other claim related in any way to your use of the product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the product posted, transmitted, or otherwise made available via the service, even if advised of their possibility.  Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

SECTION 10 - INDEMNIFICATION

You agree to indemnify, defend and hold harmless The Melbourne Rock Candy Company and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third-party due to or arising out of your breach of these Terms and Conditions or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

SECTION 11 - ENTIRE AGREEMENT

The failure of us to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision.  These Term and Conditions and any policies or operating rules posted by us on this site or in respect to the Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us(including, but not limited to, any prior versions of the Terms and Conditions).  Any ambiguities in the interpretation of these Terms and Conditions shall not be construed against the drafting party.

SECTION 12 - CHANGES TO TERMS AND CONDITIONS

You can review the most current version of the Terms and Conditions at any time at this page.  We reserve the right, at our sole discretion, to update, change of replace any part of these Terms and Conditions by posting updates and changes to our website.  It is your responsibility to check our website periodically for changes.  Your continued use of or access to our website of the Service following the posting of any changes to these Terms and Conditions constitutes acceptance of those changes.

Any Questions in relation to Terms and Conditions can be forwarded to info@melbournerockcandy.com.au