Terms & Conditions
1. Introduction
1.1. We, Amawn Pty Ltd ACN 640 361 459, trading as ‘Hidden Hills’ (Hidden Hills, we, or us), operate an online store selling tea and other products. We are the exclusive authorized distributor of ‘Hidden Hills’ branded products in Australia and New Zealand, and our website is intended for Australian and New Zealand customers.
1.2. These terms of use apply to our online store and website located at [hiddenhillstea.net] and related URLs and social media platforms owned or operated by us, and any associated online communications with us (our Services).
1.3. These terms of use incorporate by reference and are to be read in conjunction with our Privacy Policy, Returns Policy, and any other terms or policies specified by us and linked in our Services from time to time (collectively, the Terms). For the avoidance of doubt, the aforementioned policies form part of the Terms.
1.4. These Terms apply to your access, operation, viewing, visiting, purchase, return, and other use of our Services, including any new features or tools added to our current Services at any time.
1.5. By accessing, viewing, or visiting our Services, making a purchase through our Services, or otherwise interacting with our Services, you (you or the Customer) agree to be legally bound by these Terms and accept these Terms as a condition of access and sale of products to you. If you do not agree to these Terms, you must immediately cease access to the Services.
1.6. We reserve the right, in our absolute discretion, to amend, remove, or vary the Terms by updating these Terms on our Services. Such changes will apply to any access or use of the Services after the change. Your continued access and use of the Services after any changes constitute acceptance of those changes. It is your responsibility to check, review, and keep yourself up to date with these Terms. If you do not agree with such changes, you must immediately cease access to the Services.
2. Services
2.1. We support the responsible service of alcohol. You must not supply alcohol to or obtain alcohol on behalf of a person under 18 years of age. You warrant and represent to us that you are at least 18 years of age. Our Services are intended to be used by users aged 18 or older in Australia. We do not represent that our Services are appropriate, relevant, or suitable for any users outside of this scope.
2.2. You acknowledge and agree that if we suffer any loss, expense, or damage as a result of a minor entering a transaction with us in breach of these Terms, we reserve the right to take action and seek compensation from you if you are the parent or guardian of the minor.
2.3. We may delete, suspend, discontinue, or restrict access or availability of, or change or update the Services or any part of the Services, in our sole discretion. You agree that we are not liable to you or any other party for our exercise of rights under this paragraph 2.
3. Privacy and Personal Information
3.1. In order to make a purchase from us, you will need to provide information such as your name, address, email address, and phone number. Any personal information you provide to us via the Services is subject to our Privacy Policy.
3.2. You are solely responsible for any activity that occurs on your account with us or associated with your email, and for maintaining the security of your account details, including passwords. You must notify us immediately if you suspect any unauthorized use of your account or if you believe your account is no longer secure.
4. Your Warranties and Obligations
4.1. You warrant and represent to us that:
- (a) you have legal capacity and authority to enter into and be bound by these Terms;
- (b) all information provided by you to us is true, accurate, current, complete, and free from error;
- (c) you will not use a false identity or contact details, impersonate any other person, or misrepresent your identity;
- (d) you will only use the Services for legitimate purposes, including making legitimate inquiries or Orders;
- (e) you will maintain the accuracy of any information provided to us; and
- (f) you will act courteously, respectfully, and politely in all communications on or in connection with the Services or the Goods.
4.2. You must not, directly or indirectly, or encourage or enable any other party to use the Services:
- (a) to mislead, deceive, scam, or gain unfair advantage of any other person;
- (b) to discriminate against any person, including based on race, sex, sexual orientation or identity, or disability;
- (c) to harass, intimidate, or incite violence;
- (d) to spam other users of the Services or the public;
- (e) to spread any political or religious beliefs;
- (f) for any illegal purpose, including any fraud or grooming or to violate any law or regulation;
- (g) for any purpose that would breach our rights or any third-party rights, including any intellectual property rights such as copyright or defamation; and
- (h) in any manner that may damage our reputation or that of the Services, or otherwise bring us or the Services into disrepute or negatively affect our goodwill or the goodwill of the Services.
4.3. You must not, actually or attempt to, directly or indirectly:
- (a) license, sell, lease, rent, assign, distribute, or otherwise commercially exploit the Services;
- (b) reverse engineer, decompile, disassemble, or otherwise attempt to derive the Services or the source code, algorithms, or underlying ideas of the Services or any part of the Services or create derivative works from the Services or its content;
- (c) use any meta tags or other hidden data containing our brand, trademarks (whether registered or unregistered), URL, logo, or logo URL without our prior written consent;
- (d) embed, display, mirror, or frame the Services or any element of the Services on any other website or place, without our prior written consent;
- (e) use any device, software, or other method or technologies to access, collect, monitor, or scrape information or data, whether from the Services or from other users of the Services or otherwise interfere with the proper function of the Services;
- (f) upload or otherwise transfer to any other person via the Services or using the Services, any malicious content or technologies, including any trojans or viruses;
- (g) circumvent any feature of the Services, tamper with or gain unauthorized access to the Services or any part of the Services, or otherwise breach any security or authentication measures within the Services, including by hacking or password mining;
- (h) copy, reproduce, alter, adapt, disseminate, modify, republish, distribute, display, or otherwise transfer for commercial or public purposes, the Services; or
- (i) use any means to impose an unreasonable load on the infrastructure or bandwidth of the Services or its related systems or networks, including testing the Services for vulnerabilities without our prior written consent.
5. Intellectual Property
5.1. All intellectual property rights in the Services and content within the Services, such as text, graphics, logos, images, including trademark, copyright, and database rights, are solely owned or licensed to us. All rights not expressly granted to you under these Terms are reserved by us and/or our licensors.
5.2. Subject to your compliance with these Terms, we grant you a personal, limited, non-exclusive, revocable, non-transferable, and non-sublicensable license to access and use the Services for the purposes set out in these Terms only. You must not use the Services or the content within the Services for any commercial purpose without obtaining prior written consent from us. The License may be revoked by us at any time, for any reason in our sole discretion, including for any breach of these Terms.
5.3. You must not use our name, trademark, logo, or any other proprietary information or intellectual property owned or licensed exclusively to us, without our prior written consent.
6. Third-Party Links
6.1. The Services may contain links to third-party websites or resources. These links are provided for your convenience only, and we do not endorse or make any representations or warranties about any third-party websites or resources. You acknowledge and agree that we are not responsible or liable for the availability, accuracy, content, or policies of third-party websites or resources. Your access to and use of third-party websites or resources is at your own risk.
7. Termination
7.1. We may terminate your access to and use of the Services, at our sole discretion, without notice, for any reason, including if we believe that you have breached these Terms. Upon termination, you must cease all use of the Services and any content obtained from the Services. The provisions of these Terms which by their nature should survive termination will survive termination, including but not limited to sections relating to intellectual property, disclaimers, indemnity, and limitation of liability.
8. Governing Law
8.1. These Terms are governed by and construed in accordance with the laws of the State of Victoria, Australia. You agree to submit to the exclusive jurisdiction of the courts of Victoria, Australia.
9. Severability
9.1. If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will continue in full force and effect. The invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law.
10. Entire Agreement
10.1. These Terms constitute the entire agreement between you and us regarding your use of the Services and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, whether oral or written, regarding your use of the Services.
11. Contact Information
11.1. If you have any questions about these Terms, please contact us at support@hiddenhillstea.net.
12. Force Majeure
12.1. We are not liable for any failure or delay in performing our obligations under these Terms if such failure or delay is due to circumstances beyond our reasonable control, including but not limited to acts of God, natural disasters, war, acts of terrorism, labor disputes, governmental actions, or failure of internet or telecommunications services.
13. Waiver
13.1. Our failure to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision. Any waiver of any right or provision of these Terms will be effective only if in writing and signed by us.
14. Assignment
14.1. You may not assign or transfer any of your rights or obligations under these Terms without our prior written consent. We may assign or transfer any of our rights or obligations under these Terms at any time without notice to you.
15. Contact us
To contact us, please email us at hhtea@hiddenhillstea.net.
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