User agreement

This agreement is between you and Simko Solutions SA Pty Ltd (ABN 15 150 733 921), trading as chocoMe (referred to in this document as "us" or "we"). By visiting and/or using the chocome.com.au website (the "Website") you agree to be bound by the terms of this agreement ("agreement"). We may modify this agreement at any time and such modifications shall be effective immediately upon posting.

Registration

In order to purchase our products, you need to be a registered member. When registering to become a member, you must provide Personal Information (as this term is defined in the Privacy Act 1988 (Cth)) including your first and last name, and a valid email address. You agree to provide accurate and complete information and to keep this information current. Your information is stored securely, and will only be used and disclosed in accordance with our Privacy Policy (which can be accessed here: http://chocome.com.au/). You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. If you suspect or become aware of any unauthorised use of your account or that your password is no longer secure, you should notify us immediately (chocome@chocome.com.au). We are not liable for any unauthorised use of your account.

Capacity

By making a purchase through the Website you warrant that you are over 18.

Minimum purchase

There is a minimum of 2 bars of chocolate for each individual purchase on our Website.

Website changes

We reserve the right to change, alter, vary or amend the Website at any time. We may in our sole discretion terminate your account or restrict your access to the Website. If we do this, you may be prevented from accessing all or parts of the Website, your account details, or other content contained in your account. In the event that this occurs you will still be entitled to access those items that you had previously purchased through the Website.

Disclaimer

To the extent allowed by law, we exclude all liability to you or anyone else for loss or damage of any kind (however caused or arising) relating in any way to the content of the Website including, but not limited to, loss or damage you might suffer as a result of:

errors, mistakes or inaccuracies on the Website;

you acting, or failing to act, on any information contained on or referred to on the Website and/or any linked website;

any interruption or cessation of transmission to or from the Website;

any bugs, viruses, Trojans or other malevolent code or communications which may be transmitted to or through our Website by any third party; and/or

Where any law implies a warranty into this agreement which may not be lawfully excluded then to the extent allowed by law, our liability for breach of the warranty will at our option be limited to:

in the case of goods:

the replacement of the goods or the supply of equivalent goods;

the payment of the cost of replacing the goods or of acquiring equivalent goods;

Use of Website by you

You agree not to access (or attempt to access) any part of the Website by any means other than through the interface provided by us.

You agree that you will not engage in any activity that interferes with or disrupts the Website or the servers and networks that host the Website. You may not use data mining, robots, screen scraping or similar data gathering and extraction tools on the Website except with our prior written consent.

You agree not to, or attempt to, circumvent, disable or otherwise interfere with security-related features of the Website or features that prevent or restrict use or copying of any content or enforce limitations on the use of the Website or the content therein. You agree not to use, copy, distribute or commercialise content except as permitted by this agreement, by law or with our prior written consent.

You understand and agree that any suspected fraudulent, abusive or illegal activity may be referred to appropriate law enforcement authorities.

We reserve the right to cancel your registration at any time, subject to our complete discretion. In the event that you have previously paid for a product or products available on our Website, we will send you the product prior to cancelling registration. In the event of cancellation of registration, our decision is final and binding.

Orders

Orders placed by you

We reserve the right to accept or reject your order for any reason (or no reason) at any time after that order has been made, including, but not limited to, the unavailability of any product or service, an error in the price or product or service description, or an error in your order. If we cancel your order, we will provide a full refund of any payment received.

Once placed, you cannot cancel your order.

Refunds

We will only refund a payment in accordance with our Refunds Policy.

Links to third party websites

The Website may include links to other websites, content or resources. These linked websites, content or resources may be operated by third parties and we may have no responsibility or control over them.

Intellectual property

We reserve all intellectual property rights, including but not limited to, copyright in material and/or services provided by us. Nothing in the agreement gives you a right to use any of our marketing material, business names, trademarks, logos, domain names or other distinctive brand features.

Other trademarks used on the Website that belong to third parties are used with their consent and remain the intellectual property of that party.

If you correspond or otherwise communicate with us, you automatically grant to us an irrevocable, perpetual, non-exclusive, royalty-free, world-wide licence to use, copy, display and distribute the content of your correspondence or communication and to prepare derivative works of the content or incorporate the content into other works in order to publish and promote such content. This may include, but is not limited to, publishing testimonials on the Website and developing your ideas and suggestions for improved products or services we provide.

Change of Control

Subject to relevant laws, if we merge, sell or otherwise change control of our business or this Website, we reserve the right, without giving notice or seeking consent, to transfer or assign your Personal Information, content and rights that we have collected from you and any agreements we have made with you.

Indemnity

You will at all times indemnify, and keep indemnified, us and our directors, officers, employees and agents from and against any loss (including reasonable legal costs and expenses on a full indemnity basis) or liability incurred or suffered by you or by us arising from any claim, demand, suit, action or proceeding by any person against you or us where such loss or liability arose out of, in connection with or in respect of your conduct and or breach of this agreement.

Communication by us

As a condition of registering for the Website, you consent to us sending you Administrative Emails and Promotional Emails. In this document:

'Administrative Emails' involve details of account activity and purchases you have made.

'Promotional Emails' consist of product information and new offers. You may choose to opt-out receiving promotional emails anytime by simply clicking the unsubscribe button at the bottom of our emails. More details about these emails can be found in our Privacy Policy.

Governing Law

This agreement will be governed by and interpreted in accordance with the laws of South Australia. You irrevocably submit to the exclusive jurisdiction of the courts of the State of South Australia.