Efflu8 Terms and Conditions

General Terms: Related to ordering of Products and payment arrangements

Orders: Sets out how to order and the provisions relating to payment and cancellation.

Delivery: Explains our methods of delivery and how to track your orders.

Business Exclusions & Limitations: Covers any limitations on our liability for products supplied.

Returns: Specifies your rights to make claims for any products returned.

Privacy: Contains general terms relating to privacy and sharing of information.

Electronic Messages: Your consent to receiving electronic messages and your right to unsubscribe.

Exclusion of Warranty and Liability: Exclusions on our liability in relation to items such as website functionality, content, confidentiality, and any inaccuracies.

Additional: Legal matters such as Governing Law, the right to suspend services and Contact Details.

1. Definitions
Content – Any wording, photo, image, graphic or other item that appears on this website.
Distribution Centre - 31108/67 Blamey Street Kelvin Grove Qld 4059.
Efflu8
Order – The process set out in clause 4.1.
Products – Any items purchased
Website - www.efflu8.com.au

2. General Terms
2.1 Ownership: The Website is owned and operated by Efflu8

3. Registration
3.1 Registration: You must register with Efflu8 to place an order on this website.

4. Orders
4.1 How to Order: You may place an order with us by registering with us and providing details of your farm such as delivery address, maximum number of cows being milked daily and your company details, if applicable.
You will also need to supply your payment details.
(a) Use the “Order Now” button on the Website to place your order. Prices do not include delivery costs and GST.
(b) submit the order to us using the “Confirm Order” button on the Website.
4.2 Irrevocable: Orders are irrevocable and represent an offer by you to purchase
the Products at the price and other terms displayed on the Website.
4.3  Credit Card Details: At the time you place the Order we will ask you to provide your credit card details and we will charge the credit card you provide to us at the time your Order is accepted.
4.4 Direct Debt: A direct debt payment (our preferred payment method) maybe should be “may be” utilised using the account details available on the website.
4.5 Order Status: An automated electronic message will be sent advising that your Order is accepted or rejected once payment has been confirmed
(a) debit your credit card with the price of the Order. This doesn’t seem to follow on from anything
4.6 Insufficient Funds: If the credit card we debit in accordance with clause 4.4(a) there is no clause 4.4 (a). The (a) above in 4.5 looks like it might have been meant to be in 4.4 but it would still have to be reworded slightly to make sense has insufficient funds we will endeavour to contact you and ask you provide an alternative credit card to debit, however if we are not able to contact you, or if you do not immediately provide an alternative credit card to debit, we may cancel your Order under clause 4.6(a) there is no clause 4.6(a) without further reference to you.
4.7 Cancellation: Even though we may have accepted your Order, we may cancel your Order if:
(a) the credit card you provided to us at the time of your Order has insufficient funds available to pay for your Order in full.
or
(b) for any other reason which is beyond our reasonable control including, without being limited to, industrial action, where the Products cannot be manufactured because of shortage of materials, where the Products have been destroyed or damaged before delivery to you and should be “or” not “and” significant shipping delays or failures by suppliers to manufacture the Products to our required standards, or your refusal to accept delivery of the Products, we are unable to deliver the Products to you.
4.8  Consequences of Cancellation: If we cancel your Order, we will immediately:
(a) refund, by credit to the credit card or bank account you used to make payment for the Order, the amount debited to that account.
and
(b) we shall not be liable to you or any other person for any loss or damages suffered by you due to a failure by us to perform our obligations in the event of a cancellation pursuant to clause 4.6. should be “4.6 or 4.7”
4.9 Subscriptions: Your order will normally be a subscription for a minimum or ongoing period. If at any time after the minimum period, you wish to unsubscribe you may do so by giving us 21-days’ notice by email to info@efflu8.com.au

5. Delivery
5.1 Delivery Date: We will supply you with a target delivery date based on the information supplied to us by the Courier companies we use. Typically, for non-rural areas please allow 2-3 working days and for rural deliveries allow up to 5 working days from order being shipped. For multiple orders, we will consolidate the shipment to take advantage of any economic savings.
5.2 Risk: All risk in respect of the Products shall pass to you at the time our Courier companies first attempt to deliver the Products to you.
5.3 Ownership: If we deliver the Products to you, ownership of the Products shall pass to you at time of delivery.
5.4 Our Right to Cancel: We may cancel your Order without notice to you and clause 4.6 shall apply clause 6 relates to insufficient funds and doesn’t apply to this. Delete the words in yellow. if you fail to accept delivery for any reason, or if we are not able to deliver the Products within 28 days of first trying to deliver the Products.
5.5 Your Cancellation Right: If we are not able to deliver the Products in your Order within 1 month of the target delivery date then you may cancel the Order and we will refund any payment made by you for the Products not delivered.
5.6 Exclusion of Liability: We shall have no liability to you for any losses arising by reason of delay in delivery, whatever the cause of the delay.

6. Returns
6.1 Products to be returned to us: You must return the Products to us so that we can inspect the Products and identify the source of the fault and whether it is able to be repaired, it is your responsibility to cover any costs of returning the Products to us.

7. Privacy Policy
7.1 Application: This clause applies to all natural persons.
7.2 General: Efflu8 recognises its responsibility and is committed to ensuring the privacy of your personal information. When you provide Efflu8with space needed between Efflu8 and with personal information the terms of this privacy policy will apply to that information.
7.3 Information that we collect: Efflu8 collects, stores, and uses personal information about you which you have provided to us in any form. Efflu8 collects personally identifiable information, such as your e-mail address, name, home or work address or telephone number. Efflu8 may also collect anonymous demographic information, which is not unique to you.
7.4 Collection and storage of personal information: Any personal information you provide will be held in accordance with the requirements set out in the Australian Privacy Act. Personal information may be held by Efflu8 (or its agents) electronically or in hardcopy, in all cases Efflu8 will control that information.
7.5 Use of your personal information: Efflu8 may use your personal information:
(a) only for the purposes for which you provided it to Efflu8.
(b) if you have provided Efflu8 with an email address, to send you email messages to market or promote goods and services provided by Efflu8.
(c) to inform you of other products or services available from Efflu8 and its affiliates. Efflu8 may also contact you via surveys to conduct research about your opinion of current services or of potential new services that may be offered.
(d) to contact you on behalf of external business partners about a particular offering that may be of interest to you. In those cases, your unique personally identifiable information (e-mail, name, address, telephone number) is not transferred to the third party.
(e) and share that with trusted partners to help us perform statistical analysis, send you email or postal mail, provide customer support, or arrange for deliveries of goods you have ordered. All such third parties are prohibited from using your personal information except to provide these services to Efflu8, and they are required to maintain the confidentiality of your information. I think we should delete these two subclauses. We won’t be doing those things and this use of personal information would worry a lot of subscribers.
7.6 Who we share your information with: Efflu8 does not sell, rent, or lease its customer lists to third parties. Efflu8 may pass your personal information on to other people who have been authorised or licenced by Efflu8 so they can use your personal information for the purposes you provided it to Efflu8– e.g., to our Courier companies to enable delivery of Products to you. Efflu8 will not release your personal information to any third party except where required to, permitted to by law, and where you have authorised us to do so, or where disclosure is connected to the purpose for which the information was collected.
7.7 Access to, editing and deleting personal information: You may also ask us for access to, correction of, or deletion of, any personal information that we hold about you, by sending a written request to the email address below. It is your responsibility to ensure that personal information provided to us is accurate. You can ask to see the personal information that we hold about you by sending an email request to: info@efflu8.com.au

8. Content
8.1 Copyright: Information on this Website is owned by or licenced to Efflu8. All material on this Website, including, without limitation, text, images, designs, graphics, pictures, video, software, music and sound files, the layout, the look-and-feel and any other information contained on or in this Website (collectively referred to as the Content) is subject to copyright, various intellectual property protections (registered and unregistered) and other proprietary rights.
8.2 Restrictions: You may not copy, reproduce, display, publish, upload, comma added after upload post, transmit, store (including in electronic form) or modify in whole or part, whether in text, graphic, audio or video any part of the Content without the prior written permission of Efflu8. You may not upload or republish Content on any Internet, Intranet or Extranet site or incorporate the information in any other database or compilation, and any other use of the Content is strictly prohibited.
8.3 Trademarks: Trademarks, logos, model names, brands, and service marks (collectively referred to as Marks) displayed on this Website are registered or unregistered Marks of Efflu8 or have been licenced to Efflu8 for use on this Website by third parties. Efflu8 is the owner or licensee of the Marks. You may not use the any of Marks without the prior written permission of Efflu8.

9. Information, Interactive Features and Services
9.1 Subject to change: Efflu8 may from time to time make information, interactive features, services, and information available on the Website. Efflu8 endeavours to ensure that all information (including product features, labelling, illustrations, representations, specifications, and prices) whether alone or part of an interactive feature or service on this Website is accurate at the time it was uploaded to the Website. However, product features, product labelling, illustrations, representations, specifications, and prices, are subject to change without notice and Efflu8 makes no commitment or representation as to the information or the availability of any goods or service. Fullstop added
9.2 Indicative Only: All information (including product features, labelling, illustrations, representations, specifications, and prices) whether alone or part of an interactive feature or service and any visual representations provided by Efflu8 is for information purposes only and is not intended to be relied or acted upon for any particular purpose.

10. Exclusions of warranty and liability
10.1 Website content: Efflu8 may update the information or materials on this Website from time to time and no assurance or warranty is given that information or material on this Website is up-to-date, accurate, error-free, or complete.
10.2 Links: Links and references to other Websites may be included on this Website as a convenience only. Efflu8 may not have reviewed and does not endorse or assume any responsibility for any other websites, material posted on them, or products or services offered on those websites.
10.3 Transmitted Information: Information or material which you provide electronically through your access to, or usage of this Website is not confidential or proprietary and you acknowledge that unprotected communication over the Internet is subject to possible interception, alteration, or loss. You acknowledge that Internet transmissions are never entirely secure or private, and that any message or information you send to or through the Website may be read or intercepted by others, even where a website is stated as being secure. Efflu8 shall have no liability for the interception or ‘hacking’ of data through the Website by unauthorised third parties.
10.4 Liability excluded: Efflu8 will not be liable to any person or entity for any damage, direct or indirect, incidental, special, or consequential for access to, use of, or inability to use, this Website. Efflu8 assumes no liability for errors or omissions in the content or any services available on this Website including any inaccuracies and for any non-compliance by any goods or services with any representations, illustrations, specifications, product features, colour or other information contained on this Website. This Website and all content, features, and services on this Website are provided “as is” without warranty of any kind, whether express or implied, including but not limited to implied warranties of fitness for a particular purpose or non-infringement.

11. Additional
11.1 Entire Agreement: These Terms constitute the entire agreement concerning the supply of Products and use of the Website. No representation, warranty, term, or condition shall be binding on you or Efflu8 unless it is included in the Terms.
11.2 Governing Law: These Terms will be construed and take effect as a contract made in Australia and will be governed by Australian law, and the parties submit to the non-exclusive jurisdiction of the Australian courts in the State of Queensland.
11.3 Right to suspend, alter or cancel service. Efflu8 shall be entitled at any time without prior notice or any liability to you, to cancel or suspend any or all of the services provided.
11.4 Contact Details: If you have any further questions relating to these terms or the website, please contact Efflu8 by email at: info@efflu8.com.au