Terms and Conditions


General Terms and Conditions

These terms and conditions apply to the use of this website and the ordering, purchase, fulfilment and delivery of products from https://www.bananajoesfoodworks.com.au (Banana Joe’s Foodworks). Please read the following terms and conditions of use carefully before using this website and placing your order. These Terms and Conditions contain important information about the ordering, processing, fulfilment and delivery of goods or services from this website. All users of this site agree that access to and use of this site is subject to the following terms and conditions and other applicable law. If you do not agree to these terms and conditions, please do not use this site.


Terms and Conditions pertaining to Online Orders and Delivery

I. Delivery Policy

It is your obligation to enter the correct delivery address details at time of ordering. If you enter the wrong address, we are not obliged to re-send the order to the correct address at our expense.

We will arrange for the delivery of your order with one working day. Unfortunately, we are unable to guarantee time of delivery.

It is the responsibility of the customer to inform us if an order does not arrive. Once we learn an order has not arrived by the due date, we will lodge enquiries with the courier to ensure delivery occurs as soon as possible. We will not be held liable for any loss or damage resulting from late delivery.

Please note that if an item has been lost in transit, we will not despatch a replacement item immediately. Replacement items will be despatched according to our discretion. Without limiting the operation of any other Terms and Conditions herein, you agree that late delivery does not constitute a failure of our agreement, and does not entitle you to cancellation of an order.

Without limiting the operation of any other Terms and Conditions herein, we will not accept liability for any loss or damage arising from items lost, stolen or damaged after delivery has taken place.

II. Refund Policy

If you receive a product that you believe is not what was expected we will replace the item or refund your money at our discretion. It will be your responsibility to mail the item back to our postal address in its original undamaged condition.

III. Privacy Policy

We have committed ourselves to protecting your privacy. We use the information gathered to enable your account and to enhance your online experience. We will not sell our database of customer details or details about customers to a third party. Any and all the information collected on this website will be kept strictly confidential and will not be sold, reused, rented, disclosed, or loaned. We respect the right of users to remain anonymous and will endeavour not to knowingly disclose user identities unless directed by a court of law.

We may release customer information when we believe, in good faith, that such release is reasonably necessary to (i) comply with law, (ii) enforce or apply the terms of any of our user agreements or (iii) protect the rights, property or safety of our users, or others.

When you place an order through this website, we need to know your name, e-mail, phone number, address and credit card details if paying by credit card. This allows us to process and fulfil your order successfully. It also helps us in maintaining your account.

"Cookies" are small pieces of information that are stored by your browser on your computer's hard drive. Our cookies do not contain any personally identifying information. They allow you to place your online order and to login once you are subscribed. Most Web browsers automatically accept cookies, but you can usually change your browser to prevent that. You will need cookies enabled to use our website.

Your Consent - By using our website, you consent to the collection and use of this information by us. If we decide to change our privacy policy, we will post those changes on this page so that you are always aware of what information we collect, how we use it, and under what circumstances we disclose it.

IV. Secure Transactions

We offer Credit Card processing through SecurePay, a business of Australia Post. Credit Card payments are made directly through SecurePay’s secure payment gateway to insure your personal and credit card details are kept safe. None of your payment details are stored, ensuring your details are protected. For more information regarding the SecurePay payment gateway please go to www.securepay.com.au.

V. Contact information

If you require further information regarding these terms and conditions or have any questions please contact us at sales@bananajoesfoodworks.com.au or call us on 02 9559 7064.


Copyright

The entire content included in this site, including but not limited to text, graphics or code is copyrighted as a collective work under the United States and other copyright laws, and is the property of Banana Joe's Foodworks. The collective work includes works that are licensed to Banana Joe's Foodworks. Copyright 2003, Banana Joe's Foodworks ALL RIGHTS RESERVED. Permission is granted to electronically copy and print hard copy portions of this site for the sole purpose of placing an order with Banana Joe's Foodworks or purchasing Banana Joe's Foodworks products. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, download or print portions of the material from the different areas of the site solely for your own non-commercial use, or to place an order with Banana Joe's Foodworks or to purchase Banana Joe's Foodworks products. Any other use, including but not limited to the reproduction, distribution, display or transmission of the content of this site is strictly prohibited, unless authorized by Banana Joe's Foodworks. You further agree not to change or delete any proprietary notices from materials downloaded from the site.


Trademarks

All trademarks, service marks and trade names of Banana Joe's Foodworks used in the site are trademarks or registered trademarks of Banana Joe's Foodworks


Warranty Disclaimer

This site and the materials and products on this site are provided "as is" and without warranties of any kind, whether express or implied. To the fullest extent permissible pursuant to applicable law, Banana Joe's Foodworks disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement. Banana Joe's Foodworks does not represent or warrant that the functions contained in the site will be uninterrupted or error-free, that the defects will be corrected, or that this site or the server that makes the site available are free of viruses or other harmful components. Banana Joe's Foodworks does not make any warrantees or representations regarding the use of the materials in this site in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise. Some states do not permit limitations or exclusions on warranties, so the above limitations may not apply to you.


Limitation of Liability

Banana Joe's Foodworks shall not be liable for any special or consequential damages that result from the use of, or the inability to use, the materials on this site or the performance of the products, even if Banana Joe's Foodworks has been advised of the possibility of such damages. Applicable law may not allow the limitation of exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you.


Typographical Errors

In the event that a Banana Joe's Foodworks product is mistakenly listed at an incorrect price, Banana Joe's Foodworks reserves the right to refuse or cancel any orders placed for product listed at the incorrect price. Banana Joe's Foodworks reserves the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, Banana Joe's Foodworks shall issue a credit to your credit card account in the amount of the incorrect price.


Term; Termination

These terms and conditions are applicable to you upon your accessing the site and/or completing the registration or shopping process. These terms and conditions, or any part of them, may be terminated by Banana Joe's Foodworks without notice at any time, for any reason. The provisions relating to Copyrights, Trademark, Disclaimer, Limitation of Liability, Indemnification and Miscellaneous, shall survive any termination.


Notice

Banana Joe's Foodworks may deliver notice to you by means of e-mail, a general notice on the site, or by other reliable method to the address you have provided to Banana Joe's Foodworks.


Miscellaneous

Your use of this site shall be governed in all respects by the laws of the state of California, U.S.A., without regard to choice of law provisions, and not by the 1980 U.N. Convention on contracts for the international sale of goods. You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to this site (including but not limited to the purchase of Banana Joe's Foodworks products) shall be in the state or federal courts located in Los Angeles County, California. Any cause of action or claim you may have with respect to the site (including but not limited to the purchase of Banana Joe's Foodworks products) must be commenced within one (1) year after the claim or cause of action arises. Banana Joe's Foodworks' failure to insist upon or enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these terms and conditions. Banana Joe's Foodworks may assign its rights and duties under this Agreement to any party at any time without notice to you.


Use of Site

Harassment in any manner or form on the site, including via e-mail, chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including a Banana Joe's Foodworks or other licensed employee, host, or representative, as well as other members or visitors on the site is prohibited. You may not upload to, distribute, or otherwise publish through the site any content which is libellous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law. You may not upload commercial content on the site or use the site to solicit others to join or become members of any other commercial online service or other organization.


Participation Disclaimer

Banana Joe's Foodworks does not and cannot review all communications and materials posted to or created by users accessing the site, and is not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute user-generated content on the site, Banana Joe's Foodworks is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the site. However, Banana Joe's Foodworks reserves the right to block or remove communications or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or; other intellectual property right of another or (d) offensive or otherwise unacceptable to Banana Joe's Foodworks in its sole discretion.


Indemnification

You agree to indemnify, defend, and hold harmless Banana Joe's Foodworks, its officers, directors, employees, agents, licensors and suppliers (collectively the "Service Providers") from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these terms and conditions or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the site using your Internet account.


Third-Party Links

In an attempt to provide increased value to our visitors, Banana Joe's Foodworks may link to sites operated by third parties. However, even if the third party is affiliated with Banana Joe's Foodworks, Banana Joe's Foodworks has no control over these linked sites, all of which have separate privacy and data collection practices, independent of Banana Joe's Foodworks. These linked sites are only for your convenience and therefore you access them at your own risk. Nonetheless, Banana Joe's Foodworks seeks to protect the integrity of its web site and the links placed upon it and therefore requests any feedback on not only its own site, but for sites it links to as well (including if a specific link does not work).