Terms of Use – Vegemite.com.au

This website is owned and operated by Bega Cheese Limited (ABN 81 008 358 503) (“Bega”, “we” and “us”).  These Terms of Use, which include all our terms, conditions and Privacy Policy set out or otherwise referenced on this website (Terms) cover your access to and use of this website (Website) and the products (Goods) and services available through this Website (collectively the “Services”).

Your use of or access to the Website or the Services (including purchase of any Goods) is deemed to be your acceptance of these Terms.  If you do not agree to the Terms, you must not access or use this Website or the Services.

The Website is designed to be useful, informative and fun. We welcome any comments and inquiries in relation to the Website.

Content on the Website

The information contained in this Website has been compiled in good faith and Bega will seek to ensure that all information is accurate at the time of inclusion. However, Bega cannot guarantee the accuracy, adequacy or reliability of the material on this Website. The information contained in this Website and provided through the Services may include inadvertent and occasional errors and is provided “as is.”

Your use of this Website and our Services is at your own risk. You assume full responsibility and risk of loss resulting from your downloading, use of, access to or reliance on any content available on or through this Website or the Services.

The materials contained in this Website are subject to change without notice, and accordingly may not be current at the time this Website is accessed.

Bega does not represent or warrant that the information (including recipes, flavour trends or tips) contained in this Website is suitable for specific dietary needs or other requirements of users. All material included in this Website is intended to be of a general nature, and is included for general information only. It is not intended to, and does not, constitute advice or any statement on which reliance should be placed.

Users should independently assess whether the information in this Website is accurate, complete, relevant and appropriate to them, and should take advice from a professionally qualified dietician or other professionally qualified health practitioner on all specific situations, conditions and dietary matters of concern, or relevant, to them.

Liability disclaimer

Subject to any condition, warranty or right implied by, or any statutory consumer guarantee contained in, any law (including the Competition and Consumer Act 2010 (Cth)) which cannot by law be excluded by agreement, Bega, its associated companies, suppliers, advertisers, content providers and any other party involved in creating, producing or developing this Website or providing the Services exclude, to the maximum extent permitted by law, all liability whatsoever that may arise as a result of:

  • your use of any of the Services (including the Goods) or the Website and the information contained in it, including any reliance on such information, whether directly or indirectly; and
  • any loss or damage caused by a breach of your computer’s security or the transmission of any computer virus by reason of your use of the Services or use of, access to, or downloading of any material from this Website.

 

Where liability cannot be excluded, any liability incurred by us is, to the extent permitted by law, limited as provided and as per our option under section 64A of the Australian Consumer Law in Schedule 2 to the Competition and Consumer Act 2010 (ACL).

To the maximum extent permitted by law, all warranties in respect of the Services (including the Goods), this Website and the information contained in it (including the content of or use of this Website, the security of your computer in accessing this Website, computer viruses, the availability, uptime and security of this Website and the integrity of data accessed through this Website) are excluded and you have no other rights, apart from those expressly set out in these Terms.

Subject to the above paragraphs and despite any implication arising from any other provisions of these Terms, we are not, and will not be, liable to you in contract, in tort (including negligence), under any statute (to the extent permitted by law) or otherwise for, or in respect of, any direct or indirect loss, costs or damages that you incur or are liable for in connection with your use of this Website or the Services (including the Goods).

Restriction on your use of material in our Website

As between you and Bega, Bega owns all copyright in the contents of this Website (including all layouts, applets, text and graphic images in this Website). You may access and display these pages on a computer or a monitor, and print out for your personal use any whole page or pages in this Website. All other use, copying, adapting or reproduction of any part of this Website is prohibited.

Without limiting the foregoing, no part of this Website may be reproduced on any other website, and you are not authorised to redistribute or sell the material or to reverse engineer, disassemble, or otherwise convert it to any other form that people can use. You are also prohibited from linking the Website to another website in a manner which represents, suggests or implies that we endorse or support, or that we or Vegemite is in any way associated with or related to, that other website or the owner or operator of that other website or its contents in any way whatsoever.

If you submit material to us

While any personal details sent to this Website are subject to our Privacy Policy, all other information you communicate to Bega through the Internet (including any remarks, suggestions, ideas, graphics or any other material) becomes and will remain our exclusive property and you grant us ownership and unrestricted rights to use such material (including, but not limited to, product or advertising ideas), without compensating you or anyone else for them. You will also provide us with any consents or other permission which we may need to use the material. This means that we do not have to treat any such information or material as confidential; you cannot sue us for using the information, ideas or other material you submit to us (including, but not limited to, product or advertising ideas); and if we can use them, or anything like them, we do not have to pay you or anyone else for them.

You acknowledge that you have full responsibility for any submissions or communications you make to this Website, including its legality, reliability, appropriateness, originality and copyright. Further, you warrant that you are the owner or author of any material and you are not breaching any third party rights (including confidentiality and intellectual property rights) in your communications with us.

You also acknowledge that Bega undertakes extensive research and development into new products and business opportunities. By submitting material to this Website, you acknowledge that you have no claim against Bega regarding any of its current or future products and materials which appear to be, and which are, based on any material that you have submitted.

Your liability

You agree to defend, indemnify and hold harmless Bega and its respective officers, employees, agents and representatives from all claims, losses, costs and expenses (including without limitation legal fees) arising out of:

  • any breach by you of the Terms; or
  • any allegation that any user content that you make available or create through this Website infringes the copyright, trademark, trade secret, privacy or other intellectual property or other rights of any third party.

Online shopping terms and conditions

Pricing

All prices and charges on this Website are in Australian dollars (AUD). All prices displayed are inclusive of GST.

Our prices are detailed on the Website for each individual Good listed. We reserve the right to change our prices at any time. We will fulfil your order at the price listed at the time that you placed the order, unless there has been a genuine error, omission, out of date information or inaccuracy with respect to the relevant Goods on the Website. If this occurs, we will promptly notify you of such errors and, if relevant, refuse the order.

Delivery charges cover packaging and delivery cost. Delivery charges will be charged in addition to the prices of Goods purchased from us. The delivery charges will be specified during the checkout process and included in the total price of your order.

Placing an order

To place an order through the Website, you must:

  • be over 18 years of age;
  • have a delivery address in Australia;
  • provide us with a valid email address, telephone number and credit or debit card details (for a card issued by a bank or financial services company acceptable to us or our payment processor, as relevant).

You must ensure that the information on your order is accurate. If we cannot contact you about your order, using the contact details provided by you in the order, we may cancel the order and refund you any money paid by you.

We try to ensure that all of our Goods listings are current, but we do not warrant that all Goods listed on our Website will be available at the time that you place an order. All orders placed are subject to availability and our confirmation of the order. We reserve the right to refuse any order placed with us r.

When you order a Good from our Website, we will send you email confirmation of receipt of your order. This does not constitute acceptance of your order.

If you place consecutive orders with us separately, we cannot consolidate the orders and separate delivery charges will be applied to each order.

Unless we notify you that we refuse your order or that the item(s) that you have ordered are not available, our acceptance of your order and the formation of a contract between us occurs when we approve your payment and we (or our payment processor) debit your debit or credit card.

You may not amend or cancel your order, for any reason, at any time after your order has been placed (even if our acceptance or refusal or your order is pending).

If you place an order for a third party, through the Services, you agree to obtain the consent of the recipient with respect to the provision of their personal information to us.

 

Goods purchased are strictly for personal use. You must not purchase any Goods through the Website for resale to a third party or for any trade purposes. If we have any concerns regarding the number of Goods that you have ordered, then we may contact you at the time of or soon after you place the order for the Goods.

Availability

We may withdraw or suspend from sale any Good displayed on the Website, at any time, either temporarily or permanently. We will not be liable to you or to any third party for any loss suffered as a result of the withdrawal or suspension from sale of any Good from the Website.

Promotional discount codes

From time to time, we offer promotional discount codes or coupon codes (Codes) to our customers.

If we provide you with a Code, you may enter it in the section marked “APPLY COUPON” at the shopping cart stage on the Website, when purchasing Goods, during the relevant promotion period.  If the Code is accepted, the discount amount will be applied at the checkout.

Each Code:

  • may only be used once;
  • may only be used during the specified time period for that Code, as disclosed by us in the original communication with respect to the Code;
  • may be subject to additional terms, as notified to you at the time that the Code is offered;
  • cannot be redeemed or exchanged for cash;
  • cannot be used in conjunction with any other promotion or discount, unless permitted by us, at our discretion;
  • is not transferable and must only be used by the customer to whom the Code was issued, using the email address provided when applying for the Code or when registering with the Website, as relevant;
  • cannot be applied to shipping costs; and
  • is not valid on purchases of gift cards through the Website.

We do not refund Code amounts at a later stage if, for any reason, the Code is not entered in the shopping cart in the “APPLY COUPON” section, at the time of purchasing the relevant Goods.

If you return any Goods to us that were purchased using a Code, the value of the discount applied to your original purchase cannot be used for subsequent purchases.

Shipping

Shipping is available to Australia only. We do not ship overseas at this time.

From time to time, we offer free shipping for standard delivery, within Australia for purchases through the Website.

If we offer free shipping, it only applies:

  • to individual orders in excess of the amount specified in the relevant offer;
  • during the time period specified in the relevant offer, as notified by us to customers; and
  • to standard delivery within Australia.

 

When we offer free shipping, no cash alternatives will be given. Free shipping may be subject to additional terms, as notified to you at the time that the free shipping is offered.

 

If you are eligible for free shipping, in accordance with the applicable terms stated in the offer and these Terms, you are responsible for selecting the correct postage option at checkout stage to obtain free shipping.

All risk with respect to loss or damage for a Good ordered through the Services passes to you upon delivery to the delivery address.

Title to the Goods passes to you when we have received payment for them.

Goods are not available for collection, they will be dispatched to the address that you provide to us. We will notify you when the Goods will be dispatched to you.

We try to process all orders made through the Website within 7 business days (Monday to Friday, excluding public holidays in Victoria, Australia). Processing may take longer during certain times of year, such as prior to Christmas each year.

We do not process orders until our payment processor, Stripe, confirms to us that it has received payment for the relevant Goods.

We usually use Australia Post for our deliveries.  Australia Post’s delivery times vary depending on delivery location and are subject to change. For information on Australia Post’s standard delivery times, please see https://auspost.com.au/.

We do not have any control over delivery times once orders have been dispatched from our warehouse. We are not liable for any loss, damage or delay caused by Australia Post or any other delivery company used by us.

Consumer Guarantees and Returns

We do not provide refunds or exchanges for change of mind purchases. When you purchase clothing through the Services, please ensure that you select your correct size.

Our Goods come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. We will replace the item (or at our discretion we may repair or refund you) within a reasonable time.

If the Goods are faulty or damaged, please email us at info@vegemite.com.au, and include the following information:

  • the order number;
  • clear photograph(s) of the Goods; and
  • a description of the Goods and the fault.

If the Goods are faulty or damaged, we will let you know whether you need to return the item to us and if so, we will send you a prepaid satchel. Please place the faulty Good in the prepaid satchel, when you receive it, and post it back to us.

Please return items within 28 days of the date you receive them.

Where an item is damaged through misuse or abnormal use, we will not provide a refund, exchange or repair.

We will require satisfactory proof of purchase before providing a remedy under the Australian Consumer Law.

Recalls

In the unlikely event that any Goods are subject to a product recall, we will post a notice to the Website. You can return any Goods subject to such a notice to us in accordance with the instructions in the recall notice.

If there is a product recall, you consent to us contacting you or the recipient of the relevant Goods by email, SMS, MMS, telephone or post with respect to the recall.

Jurisdiction

The information on our sites is presented to provide information about Bega , its associated companies and their products. We do not imply that the information on the sites is appropriate or available for use outside Australia. These Terms of Use are governed by the law of Victoria, Australia.

Links to other websites

This Website may contain links to other websites (“linked websites”). Those links are provided for convenience only and may not remain current or be maintained. Bega is not responsible for the content or privacy practices associated with linked websites. Bega’s links with linked websites should not be construed as an endorsement, approval or recommendation by us of the owners or operators of those linked websites, or of any information, graphics, materials, products or services referred to or contained on those linked websites, unless and to the extent stipulated to the contrary.

Bega Viewing Performance

Viewing and using the Website is optimised by using the latest Microsoft Edge or Internet Explorer, Google Chrome or Firefox, with Javascript activated. Please visit www.microsoft.com, www.google.com or www.mozilla.org to obtain information about downloading the latest versions of those browsers. Some other browsers may also be compatible.

Please note: This Website requires the acceptance of “cookies”, please ensure that your browser preferences allow the acceptance of cookies. This will allow you to fully utilise the interactive functionality of the Website and enhance your web experience.

Modification to these Terms
We may amend these Terms and any of our other policies relating to the Website and the Services, at any time, at our discretion and without notice. Any such amendments are effective upon being published on this Website or as otherwise notified.

You are responsible for reviewing these Terms regularly. Continued use of this Website and our Services after any such amendments constitutes your consent to such amendments.

 Last updated: 9 August 2018