Terms of Use

This Website is owned and operated by Fornix Corporation Pty Ltd (ACN 122 970 647) trading as Where Is My Coffee.

Use of this Website is subject to the Terms of Use.

Where Is My Coffee is not liable to you or any other for any loss in connection with the use of this Website or a Linked Website. This general disclaimer is not restricted or modified by any of the following specific warnings and disclaimers. Please read the full Terms of Use.

Ratings, Reviews and Forum Posts are volunteered by the public and are not the results of any reviews by or conducted by Where Is My Coffee staff. Where Is My Coffee takes no responsibility for the views expressed.

Where Is My Coffee reserves the right not to post submitted material for any reason, including where Where Is My Coffee considers material to be defamatory, offensive, misleading or illegal in any way.

Please note: Where Is My Coffee reserves the right to amend the Terms of Use at any time. However, since you are bound by these Terms of Use, you should periodically refer to them.

Disclaimer of Liability

General Disclaimer

We are not liable to you or anyone else for any Loss in connection with use of this Website or a Linked Website. This general disclaimer is not restricted or modified by any of the following specific warnings or disclaimers.

Specific Warnings and Disclaimers

The Trade Practices Act and similar State and Territory legislation in Australia may confer rights and remedies on you in relation to the provision by us of goods or services on the Web Site, which cannot be excluded, restricted or modified. We do not exclude these rights but do exclude all other conditions and warranties implied by custom, law or statute.

We are not liable to you or anyone else if interference with or damage to your computer systems occurs in connection with use of this Website or a Linked Website. You must take your own precautions to ensure that whatever you select for your use from this Website is free of viruses or anything else (such as worms or trojan horses) that may interfere with or damage the operations of your computer systems. We do not warrant that your access to the Website will be uninterrupted or error free or that any defects will be corrected.

We may, from time to time, change or add to this Website (including these Terms of Use) or the information, products and services without notice. However, we do not undertake to keep this Website updated. We are not liable to you or anyone else if errors occur in the information on this Website or if that information is not up-to-date.

Under no circumstances (including but not limited to any act or omission on the part of Where Is My Coffee) will Where Is My Coffee be liable for any indirect, incidental, special and/or consequential damages or loss of profits whatsoever which result from any use or access of, or any inability to use or access, the Website.

To the fullest extent permitted by law, Where Is My Coffee liability for breach of any implied warranty or condition which cannot be excluded is limited at the option of Where Is My Coffee to the following:

In the case of services supplied or offered by Where Is My Coffee, (a) the supply of the services again, or (b) the cost of having services supplied again; and
In the case of goods supplied or offered by Where Is My Coffee, (c) the replacement of the goods or the supply of equivalent goods, (d) the repair of such goods, (e) the payment of the cost of the replacing the goods or acquiring equivalent goods, or (f) the payment of the cost of having the goods repaired.

In these Terms of Use, certain words (particularly capitalised ones) may have special meanings. If they do these special meanings are set out in the "General" section.

The Terms of Use are effective until terminated by Where Is My Coffee and Where Is My Coffee may terminate this agreement and your access to the Web Site at any time without notice. In the event of termination you are no longer authorised to access the Website, but all restrictions imposed on you and all disclaimers and limitations of liability set out in the Terms of Use will survive.

Copyright

This Website is our copyright property. You are provided with access to it only for your personal and non-commercial use.

Other than for the purposes of and subject to the conditions prescribed under the Copyright Act 1968 or any other applicable legislation throughout the world, you may not, in any form or by any means:

Adapt, reproduce, store, distribute, transmit, print, display, perform, publish or create derivative works from any part of this Website; or
Commercialise any information, products or services obtained from any part of this Website without our written permission.

Trade Marks

These trade marks and other Where Is My Coffee products and services referred to in this Website are trade marks of Where Is My Coffee.

Other product and company names mentioned in this Web Site may be the trade marks of other people or entities.

Nothing contained in the Website should be construed as granting any licence or right of use of any trade mark or part of any trade mark displayed on the Website without the express written permission of Where Is My Coffee or third party owner.

Linked Web Sites

This Web Site may contain links to Linked Websites. Those links are provided for convenience only any may not remain current or be maintained. Links to those web sites should not be construed as any endorsement, approval, recommendation or preference by us of the owners or operators of the sites, or of any information, products or services referred to on those other sites unless specifically stated.

Unless otherwise stated the Linked Websites are not under the control of Where Is My Coffee and Where Is My Coffee is not responsible for the contents of any Linked Web Site. You link to any such web site at your own risk.

Cookies

Where Is My Coffee uses two types of cookies on this website. These are session cookies and permanent cookies.

Session Cookies

Session cookies are only used to let our site know that you are the same person wherever you go on our site during a session. For example, if you put a product in your shopping bag and go to check out, we need to know that it is you on the check out page and you have ordered that product.

Upon closing your browser the session cookie set by this Website is destroyed and no personal information is maintained which might identify you should you visit our Website at a later date.

Session cookies are short-lived, are used only during a browsing session, and expire when you quit your browser.

Permanent Cookies

To enable Where Is My Coffee to recognise each time your browser visits the Where Is My Coffee Website it downloads a cookie onto your hard drive. Through the use of the cookie Where Is My Coffee is able to:

Recognize your browser each time it visits our site; and
track which pages you visit whilst at our site.

Where Is My Coffee may use this information to build up a consumer profile about you, which may allow it to tailor offers or marketing material which may be of interest to you.

As with all of your personal information Where Is My Coffee would not provide this to third parties without your consent, except where:

such disclosure is permitted under the Privacy Act 1988;
Where Is My Coffee is required by law to disclose information to third parties; or
Where Is My Coffee has outsourced some internal functions to third parties, for example data warehousing companies, mail houses or contractors that carry out administrative functions on behalf of Where Is My Coffee.

General

In this Website:

"Where Is My Coffee" means Fornix Corporation Pty Ltd ACN 122 970 647 and its subsidiaries unless otherwise specified.
"Linked Websites" means Websites of persons or entities other than Where Is My Coffee which are hyperlinked from this Website.
"Personal Information" means any information from which your identity is apparent or can be reasonably be ascertained.
"Web Site" means the whole or any part of the web pages located at www.whereismycoffee.com.au (including the lay-out of this Website, individual elements of the Website design, underlying code elements of this Website, or text, sounds, graphics, animated elements or any other content of this Website.)
"We" and "us" refer to Where Is My Coffee, and "our" has the same meaning.

These Terms of Use are governed by the laws in force in New South Wales, Australia and you irrevocably and unconditionally submit to the non-exclusive jurisdiction of the courts of New South Wales, Australia and any courts which may hear appeals from those courts.

Nothing contained in these Terms of Use derogates from Where Is My Coffee right to comply with law enforcement requests or requirements relating to your use of this Website or information provided to or gathered by Where Is My Coffee with respect to that use.

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