Acceptance of Terms

Welcome to the The Organic Tea Project Pty Ltd website (“Website”). The Organic Tea Project Pty Ltd provides services to you subject to the following Terms of Use, which may be amended by us from time to time with no notice to you. When using any The Organic Tea Project Pty Ltd service you are also subject to any rules or guidelines which may be posted, or emailed from time to time. All such rules or guidelines are hereby incorporated by reference into the Terms of Use.

Your continued use of the Website constitutes an affirmative, acknowledgment and agreement by you that you accept and agree to abide and be bound by these Terms of Use and any amendments.

These Terms of Use will be governed by and construed in accordance with the laws of Victoria, Australia. You irrevocably and unconditionally submit to the non-exclusive jurisdiction of the courts of Victoria. If any provision of this agreement is found to be invalid or unenforceable by a court of law, that clause will be severed from these Terms of Use and such invalidity or unenforceability will not affect the remainder of the Terms of Use which will continue in full force and effect.

For the purpose of these Terms of Use, “Content” means material such as text, software, images, audio and video, including links to that material.

Accuracy of Information
All material on the Website is provided in good faith. It is derived from sources believed to be accurate and current as at the date of publication. Your use of the Website is at your sole risk. Access to the Website is provided on an 'as available' basis. Neither The Organic Tea Project Pty Ltd its related bodies corporate nor its or their directors or employees make any representation or warranty that (i) any material on the Website will be reliable, accurate or complete (nor do they accept any responsibility arising in any way for errors in, or omissions from that material); or (ii) your access to the Website will be uninterrupted, timely or secure. The Organic Tea Project Pty Ltd will not be liable for loss resulting from any action or decision by you in reliance on the information on the Website, nor any interruption, delay in operation or transmission, virus, communications failure, Internet access difficulties, or malfunction in equipment or software.

Product Descriptions
The Organic Tea Project Pty Ltd and its related bodies corporate attempt to be as accurate as possible in the description of products. However, The Organic Tea Project Pty Ltd does not warrant that product descriptions are accurate, complete, reliable, current, or error-free.

Limitation of Liability
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 The Organic Tea Project Pty Ltd of goods or services on the web site which cannot be excluded, restricted or modified ("Non-excludable Rights"). The Organic Tea Project Pty Ltd does not exclude any Non-excludable Rights but does exclude all other conditions and warranties implied by custom, law or statute.

Except as provided for by the Non-excludable Rights: (a) all Content is provided "as is" and “as available” without warranties or guarantees of any kind, either express or implied, (b) The Organic Tea Project Pty Ltd and its suppliers expressly disclaim all warranties of any kind, including but not limited to implied warranties of merchantability and fitness for a particular purpose, (c) The Organic Tea Project Pty Ltd does not warrant that the functions contained in any Content or any Communications Facility or your access to the Website will be uninterrupted or error-free, that any defects will be corrected or that the Website or the server which stores and transmits Content to you are free of viruses or any other harmful components, (d) The Organic Tea Project Pty Ltd does not warrant or make any representation regarding your access to, or the results of your access to, the Website (including any related or linked web sites) or any Content in terms of correctness, accuracy, timeliness, completeness, reliability or otherwise, and (e) you (and not The Organic Tea Project Pty Ltd) assume the entire cost of any necessary verification, maintenance, repair and/or correction of any relevant Content.

To the maximum extent permitted by law, under no circumstances (including but not limited to any act or omission on the part of The Organic Tea Project Pty Ltd) will The Organic Tea Project Pty Ltd or its related bodies corporate be liable for any indirect, incidental, special and/or consequential damages or loss of profits, revenue or goodwill whatsoever which result from any use or access of, or any inability to use or access, the Web Site or any Content. You expressly acknowledge and agree that The Organic Tea Project Pty Ltd does not exert control over users of the Website (including individuals referred to on the Website as guests and experts) and is not liable either for their opinions or their behaviour, including any information and/or advice and any defamatory statements or offensive conduct.

To the maximum extent permitted by law, The Organic Tea Project Pty Ltd‘s liability for breach of any implied warranty or condition which cannot be excluded is limited, at the option of The Organic Tea

Project Pty Ltd, to the following:
in the case of services supplied or offered by The Organic Tea Project Pty Ltd, (a) the supply of the services again, or (b) the payment of the cost of having services supplied again; and
in the case of goods supplied or offered by The Organic Tea Project Pty Ltd, (a) the replacement of the goods or the supply of equivalent goods, (b) the repair of such goods, (c) the payment of the cost of replacing the goods or acquiring equivalent goods, or (d) the payment of the cost of having the goods repaired.

Indemnity
You agree to indemnify and hold harmless The Organic Tea Project Pty Ltd and its related bodies corporate (and the officers, agents, partners and employees of each of these) against any and all loss, liability, claim or demand arising out of or in connection with your use and access to the Website.

Copyright
The material provided on the Website is copyright protected. You may only use this material for your own private and non-commercial purposes. Except for the temporary copy held in the computer's cache and a single permanent copy for your personal reference, the material may not otherwise be used, copied, reproduced, published, stored in a retrieval system, altered or transmitted in any form or by any means in whole or part (except where such use constitutes fair dealing under the Copyright Act) without the prior written approval of The Organic Tea Project Pty Ltd or the appropriate supplier or licensor of The Organic Tea Project Pty Ltd.
You may not use any part of the Content on the Website to establish, maintain or provide, or assist in establishing, maintaining or providing your own publications, Internet site or other means of distribution.
All software used on this web site is the property of The Organic Tea Project Pty Ltd or its software suppliers and is protected by Australian and international copyright laws.