Terms & Conditions
Terms & Conditions
Last updated 1 July 2021
These Terms and Conditions set out your obligations when using our Service provided by Kahvecioglu International Export & Import PTY LTD T/A Grand Foods including but not limited to any information, text, graphics, videos, photographs, files, data or content provided by our online service including user contributed content if applicable.
You should also read our Privacy Policy which forms part of these Terms & Conditions and contains important information regarding our collection and handling of any personal information you may provide to us.
By accessing our website you agree to be bound by these Terms and Conditions and relevant policies as may be amended from time to time.
You should visit these Term & Conditions regularly so that you are aware of any updates.
- About Kahvecioglu International Export & Import PTY LTD T/A Grand Foods
Kahvecioglu International Export & Import PTY LTD T/A Grand Foods ("us", "we", or "our") operates a wholesale food business which offers delivery and online ordering (the "Service").
The Service, features and functionality are and will remain the exclusive property of Kahvecioglu International Export & Import PTY LTD and its licensors. The Service is protected by copyright, trademark, and other laws of both the Australia and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without our prior written consent. Nothing in these Term & Conditions constitutes a transfer of any Intellectual Property rights from us to you.
You are permitted to use the Service only as authorised by us. As a user, you are granted a limited, non-exclusive, revocable, non transferable right to use the Service subject to these Term & Conditions. We may refuse to authorise you at our sole discretion for any reason we wish.
Our Intellectual Property must not be used in connection with a product or service that is not affiliated with us or in any way brings us in disrepute.
You must not modify the physical or digital copies of any Content you print off or download in any way, and you must not use any illustrations, photographs, video or audio, or any graphics separately from any accompanying text.
- Content
We will do our best to ensure that information on the site is complete, accurate and current. Despite our efforts, however, information on the site may occasionally be inaccurate, incomplete or out of date. All specifications, products, descriptions and prices of the products on the site are subject to change at any time without notice. We make all reasonable efforts to accurately display the attributes of our products, including the applicable colours. However, the actual colour you see will depend on your computer system, and we cannot guarantee that your computer will accurately display such colours. We do not warrant the accuracy of completeness of the information, content or materials provided through site.
Our Service may allow you to post, link, store, share and otherwise make available certain information, text, graphics, videos, or other material ("Content"). You are responsible for the Content that you post to the Service, including its legality, reliability, and appropriateness.
By posting Content to the Service, you grant us the right and license to use, modify, perform, display, reproduce, and distribute such Content on and through the Service.
We are not liable for any Contributed Content and we do not in any way endorse, support, agree, guarantee or support the accuracy of the Contributed Content and further, you acknowledge that any reliance you may place on Contributed Content will be at your own risk and agree to waive any legal remedy you may have against us.
We may remove any content which it deems is contrary to the Term & Conditions but shall not be obliged to do so. We may at our sole discretion access, read, store, disclose to third parties in accordance with our privacy terms any content but are not obliged to do so.
- Accounts
When you create an account with us, you must provide us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Term & Conditions, which may result in immediate termination of your account on our Service.
You are responsible for safeguarding the password that you use to access the Service and for any activities or actions under your password, whether your password is with our Service or a third-party service.
We will rely on the accuracy of the information you provide. All Services will be provided in accordance with the information you have provided as at the date of provision of the Services. You may not transfer your account to any other person, unless specifically agreed in writing by us.
We will supply you with a generic password upon registration, however you must change your password prior to your first use of the Services.
You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trade mark that is subject to any rights of another person or entity other than you without appropriate authorisation, or a name that is otherwise offensive, vulgar or obscene.
- Responsibility for use
You are responsible for the use of our service. You warrant that you are over the age of 18 and otherwise have capacity to make decisions and use the service.
You agree to indemnify us against any liability, loss, claim or demand if we suffer any loss or damage or incur any cost in connection with a breach by you of these terms and conditions.
It is your obligation to keep your username and password secure and confidential and you must not provide the details to any third party. You accept all liability for any unauthorised use of any username and password issued to you.
You agree not to infringe on a trade mark or copyright owned by a third party and you agree to indemnify us against any liability for such infringement should it occur.
All indemnities and warranties given by you are to us, our directors, employers, subsidiaries, agents, representatives as may change from time to time. The indemnities and warranties cannot be limited in any way.
- Ordering from the Service
By completing and submitting an electronic order form, you are making an offer to purchase goods which, if accepted by us, will result in a binding contract. Please note that products will not be sent (or links to online products) until we have authorisation from your payment card issuer. We will not be liable if there is a delay, and we will not accept your order if payment is not authorised.
Certain steps must be followed for a contract to be formed, as described below. After you have placed your order you will receive an email to acknowledge your order. It will confirm which products you have ordered, but it may not constitute an acceptance of your order. You may be directed to a third-party site to complete your order. If you do not receive an email to acknowledge your order you should contact us.
We do not have to accept your order. By way of example but not limited to same, we will not accept your order if:
(a) We do not have the products in stock; and/or
(b) Your payment is not authorised; and/or
(c) You have cancelled your order; and/or
(d) There is an error on our website regarding the price or other details of the products;
We otherwise reserve the right to refuse any order.
- Delivery information
Please see individual product sales pages for information about delivery and shipping charges, where applicable.
For products that require shipping, we will email you as soon as practicable as your order has been shipped, and will advise of the shipping method (if any) at that time.
- Our Limited Liability
Our liability to you is limited.
No warranties except those implied and which cannot be excluded by law are given by us in respect of Goods or Services supplied. Where it is lawful to do so, our liability for a breach of condition or warranty is limited to the repair or replacement of the Goods or Services, the supply of equivalent Goods or Services, the payment of the cost of repairing or replacing the Goods or Services or acquiring equivalent Goods or Services, the supplying of the services again if the payment of the cost of having the services supplied again, as determined by us at its sole discretion.
All rights, remedies, conditions, guarantees and implied and express warranties in respect of any goods or services provided by us are expressly excluded.
We shall not be liable for any damage whether direct or indirect arising out of or related to the Goods or Service including any alleged damages caused by mistakes, omissions, interruptions, delays, errors in transmission and/or delivery.
We shall not be liable for any goods lost or damaged at the point of or after delivery. Risk in the Goods will pass to you immediately upon delivery.
We shall not be liable for any toll, data, internet costs arising out of the use of the Service.
We shall not be liable to you in any respect or for any amount for any loss suffered by you if you have not provided accurate information.
We shall not be liable to you for claims arising out of or in connection with your access and use of the Service and related Goods or Services regardless of how the claim arises.
We will not be liable to you for loss of use, production, profit, revenue, business, data, contractor anticipated savings or for delay or for any financing costs or increase in operating costs or any economic loss for any indirect or consequential loss or damage.
In the event that your delivery address is unattended, we will attempt to call you on your nominated phone number twice. After that, unless instructed otherwise, we will leave the Goods at the address provided for delivery. We will not be liable for any Goods lost, damaged or stolen and you release us from any claim in relation to Goods that are damaged, lost or stolen once left at your nominated address.
The limitation of liability applies to us, our owners, its directors, employers, subsidiaries, agents, representatives as may change from time to time.
- Copyright, Trademarks and Licence
Our service is protected by Australian and international copyright and intellectual property laws. All rights not expressly granted under these terms and conditions are reserved by us.
You may not copy, alter, change or modify in any way the Service. We respect the intellectual property rights of others. If you are a copyright owner, or authorised on behalf of one, and you believe that the copyrighted work has been copied in a way that constitutes copyright infringement that is taking place through the Service, you must submit your notice in writing to the attention of:
Kahvecioglu International Export & Import PTY LTD
T/A Grand Foods
76 - 82 Barry Road,
Campbellfield Melbourne Victoria 3061
Tel +61 3 9357 9244 Fax +61 3 9357 9433
In order to lodge a complaint with us, please contact using the details above with the following information:
Your name and address;
Details of the alleged breach of privacy; and
URL link to the alleged breach of privacy (if applicable).
Please allow us 30 days to investigate your complaint, after which we will contact you immediately to resolve the issue.
You may be held accountable for damages (including costs and legal costs) for misrepresenting that any Content is infringing your copyright.
- Termination
We may terminate or suspend your account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach or we deem that you have breached the Term & Conditions. Upon termination, your right to use the Service will immediately cease. If you wish to terminate your account, you may simply discontinue using the Service.
All provisions of the Term & Conditions which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
We shall not be liable to you or any third party for any claims or damages arising out of any termination or suspension or any other actions taken by us.
If applicable laws require us to provide notice of termination or cancellation, we may give prior or subsequent notice by posting it on the Service or by sending a communication to any address (email or otherwise) that we have for you in our records.
- Disclaimer
Your use of the Service is at your sole risk. The Service is provided on an "AS IS" and "AS AVAILABLE" basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance. Kahvecioglu International Export & Import PTY LTD T/A Grand Foods its subsidiaries, affiliates, and its licensors do not warrant that:
(a) the Service will function uninterrupted, secure or available at any particular time or location;
(b) any errors or defects will be corrected;
(c) the Service is free of viruses or other harmful components; or
(d) the results of using the Service will meet your requirements.
This disclaimer of liability applies to any damages or injury caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft, or destruction or unauthorised access or, alteration of or use of record in connection with the use or operation of the Service, whether for breach of contract, tortious behaviour, negligence or any other cause of action.
We make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the content or product contained on the Service for any purpose. Any reliance you place on such information is therefore strictly at your own risk. We disclaim any express or implied warranty representation or guarantee as to the effectiveness or profitability of the Service or that the operation of our Service will be uninterrupted or error-free. We are not liable for the consequences of any interruptions or error in the Service.
- Governing Law
These Term & Conditions shall be governed and construed in accordance with the laws of Victoria, Australia, without regard to its conflict of law provisions. Our failure to enforce any right or provision of these Term & Conditions will not be considered a waiver of those rights. If any provision of these Term & Conditions is held to be invalid or unenforceable by a court, the remaining provisions of these Term & Conditions will remain in effect. These Term & Conditions constitute the entire agreement between us regarding our Service and supersede and replace any prior agreements we might have between us regarding the Service.
- Changes
We reserve the right, at our sole discretion, to modify or replace these Term & Conditions at any time. It is your sole responsibility to periodically check these Term & Conditions for any changes. If you do not agree with any of the changes to these Term & Conditions, it is your sole responsibility to stop using the Service. Your continued use of the Service will be deemed as your acceptance thereof.
- Contact Us
If you have any questions about these Term & Conditions, please contact us.
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