Terms of service
Welcome to Barnaby Binks’ Terms and Conditions. Barnaby Binks. Provides interesting food which is artificial and preservative free to large and small food outlets. We take great care in selecting the offers featured on the Barnaby Binks ’website. These Terms and Conditions set out how we do it all, for you.
This Website is owned and operated by Barnaby Binks (ACN 606402831) (“Barnaby Binks, us, our or we”).
1.1. In these Terms,
a) “you” means any person visiting or using the Website;
b) “Agreement” means the agreement between you and Barnaby Binks Pty. For the provision of food products as governed by any order form, invoice, product catalogue or price list or other documentation provided to you by Barnaby Binks in conjunction with these Terms & Conditions;
2. USE OF WEBSITE
2.1. Your access to, browsing, contributions to and use of this Website are subject to the following Terms as well as all applicable laws, rules and regulations. By accessing or using this Website you accept and agree to the Terms, which are legally binding.
2.2. If you do not agree to any of these Terms, you must not visit, use or continue to use the Website. We will, from time to time, revise and update the Terms and we will publish all such updates on our Website. All updated Terms become effective immediately upon being published on the Website.
3.1. All content and all intellectual property which includes text, images, trademarks (registered or unregistered), graphics, photographs, designs, icons, logos and service marks (“Content”) and the selection, arrangement and “look and feel” of all content contained on the Website, is the property of Barnaby Bings or third parties who have granted Barnaby Binks Permission to use it on the Website. All Content contained on the Website whether past, present or future and is protected by national and international copyright, design and trademark and other laws. Your right to use the Content is limited only to those rights expressly set out in the Terms.
4. USE AND REGISTRATION
4.1. Prior to accepting an order from you, we may require you to register your details on our Website and create an account with us. To register your details with us, you will be required to submit your data and personal information. You warrant and agree that all information provided to us is accurate, true and up-to-date in all respects and at all times. You also agree to update your account with any changes to your personal information previously submitted as soon as practicable after such personal information changes.
4.2. Only those persons authorised to make payment on your behalf may access and use your registration account and/or place an order with Barnaby Binks Pty.
4.3. Barnaby Binks reserves the right in its sole discretion to refuse to register any account.
4.4. If you breach any of these Terms, we will be entitled to lock or delete any and all accounts, and not accept any further or future account requests, by the account holder and their associates.
4.5. You must not use another person’s account without their express prior permission nor permit anyone to use your account.
4.6. You are solely responsible for all activity that occurs using your account, and solely responsible to keep your access to it and your passwords secure. Barnaby Binks Does not accept any responsibility for activity or purchases made using your account by unauthorised access of your account.
4.7. If you suspect or become aware of any unauthorised use of your account or that your passwords are no longer secure, you must immediately notify Barnaby Binks. And immediately take all reasonable steps to protect your account.
4.8. When you notify Barnaby Binks Of your account being accessed without your authority or your account or passwords not being secure, we will immediately lock and cancel your account to prevent any further misuse. We will allow you to register a new account only after we are satisfied, in our sole discretion, that you have taken all reasonable steps to ensure that your account and passwords will be kept secure in the future.
4.9. You agree to release and indemnify Barnaby Binks From any loss or claim arising, whether directly or indirectly, from any unauthorised use of your account.
4.10. You acknowledge that when you register and use the Website, you will receive correspondence from Barnaby Binks Pty, including newsletters, relating to the Website and the business of Barnaby Binks Pty.
LIMITED LICENCE TO USE
4.11. Barnaby Binks Grants you a revocable limited non-exclusive licence to access, browse, use or contribute to the Website or the Content on your computer or similar device and download and use downloadable Content for the sole purpose of making purchases from or interacting with Barnaby Binks Pty.
4.12. You warrant that you are not visiting or using the Website or Content for any commercial purpose and will not access, browse, use or contribute to the Website for a commercial purpose other than the purchase of goods from Barnaby Binks Pty.
4.13. Except as expressly permitted in these Terms or on the Website, or with Barnaby Binks Pty’ prior written permission, you are expressly prohibited from modifying, copying, downloading, distributing, transmitting, displaying, publishing, selling, licensing, creating derivative works or otherwise using Content available via this Website for commercial or public purposes, including but not limited to use as meta tags or linking the Website or Content on other pages or sites on the world wide web.
4.14. You must not damage, interfere with or disrupt access to the Website or the Content or engage in any other conduct that will or may restrict or limit any other person from using or accessing the Website or the Content. 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 within it.
4.15. Barnaby Binks Will hold you liable for any loss, damage or claims arising, directly or indirectly, from your interference with the Website, Content, security or access to the Website or Content or in any other way prevent the usual operation of the Website and its availability to the public.
5.1. Our goods may be available for purchase via our Website or directly from Barnaby Binks Pty. All goods are purchased subject to any order requirements or instructions referred to on the Website or otherwise notified to you including any order cut-off time. It is your sole responsibility to ensure that your Order and full payment is received by us prior to any order cut-off date. Any Order received after the cut-off date will be included in the next delivery schedule.
5.2. When placing an Order you will be required to select the goods you wish to purchase and provide the requisite details for the Order. For each Order you must provide accurate and up-to-date details of the purchaser, delivery, payment details and any other information required to effectively process your Order.
5.3. By placing an Order, you warrant you are not a legal minor and you are over the age of 18 years and you have full and due capacity and authority to make the Order.
5.4. Once you have submitted an Order, you must make payment for the Order in accordance with the payment methods specified or referred to on the Website or otherwise notified to you. An Order will only be deemed to be placed when you have submitted the Order and the full payment required on placing the Order has been received.
5.5. Barnaby Binks Reserves the right to accept or reject your Order for any reason including, the unavailability of any goods, an error in the price or description or any goods or any error in your order, and in the event that we cancel your order, we will provide a full refund of any payments received from you.
5.6. You may be provided with the ability to save particular goods as “favourites” in a location known as a ‘basket’. Your basket of favourites can be accessed by you from time to time. We reserve the right, from time to time, to add goods to your basket which we are promoting or which are new products. It is your responsibility to ensure that any order made using ‘favourite’ goods or goods from your ‘basket’ are intended to be included in any order. No refunds or returns will be available if promotional or new products are inadvertently included by you in any order.
5.7. Because our goods are manufactured fresh to fulfil your order, Barnaby Binks will not accept any cancelation of an Order once it has been accepted by Barnaby Binks Pty.
6. PRICE AND PAYMENTS
6.1. The price of goods is the price specified or referred to on the Website or otherwise notified to you. We may at our sole discretion from time to time update the price of any good. All prices are processed in Australian dollars unless otherwise notified on the Website.
6.2. Payment in accordance with the payment requirements for your Order must be received by us prior to the provision of the goods that you have ordered.
6.3. Any amendment to an Order will be accepted at Barnaby Binks Pty’ sole discretion. If an amendment to your Order is accepted, full payment for the amended Order must be received by Barnaby Binks before delivery will be made of any portion of the Order.
6.4. Barnaby Binks Accepts no liability for unauthorised use of any of your payment, credit card or bank account details, including due to fraud, forgery or other similar acts. You agree to release and indemnify Barnaby Binks Against any loss, damage or claim arising, directly or indirectly, from any unauthorised use of your payment details.
7. YOUR CONTRACT WITH US
7.1. If any Order has a delivery timeframe requirement, it is your responsibility to be available to receive the goods within the specified timeframe.If you fail to accept delivery of the goods within the specified timeframe the Order will be cancelled and the goods will be returned to Barnaby Binks Pty. You must contact Barnaby Binks to arrange subsequent delivery of the goods at Barnaby Binks Pty’ convenience. No refund of the payment made for the Order will be permitted if you change your mind or are unavailable for acceptance of delivery within the specified delivery timeframe.
7.2. You release and indemnify Barnaby Binks Against any loss, damage or claims that may arise as a result, directly or indirectly, of the conduct of yourself or any third party in the acceptance of delivery or receipt of any Order or goods or your compliance with any instructions provided to you by Barnaby Binks in respect of any goods.
7.3. You acknowledge that you are solely responsible for reading all instructions for the delivery and storage of goods as specified on the Website or otherwise notified to you and you are solely responsible for complying with such instructions. If you believe the instructions to be unclear you must contact Barnaby Binks Directly prior to the delivery of the goods for clarification of your obligations.
8. DELIVERY OF GOODS
8.1. As soon as practicable after the placement of your Order an email notification will be issued to confirm your Order. The confirmation email will be sent to the email address recorded in your account only and Barnaby Binks is under no obligation to notify you of confirmation in any other manner.
8.2. You are solely responsible to ensure the accuracy of the email details recorded in your account and that you have access to such email account. If you fail to receive your confirmation email notification because you have recorded incorrect email details or cease having access to the email account, Barnaby Binks will not be liable for any loss that may arise.
8.3. Once the required payment has been received in full, Barnaby Binks will, as soon as practicable, contact you to confirm details for delivery of the service or program. If delivery of goods is to be booked by you through the Website, it is your responsibility to book in to receive delivery of such goods within the specified timeframe.
9. PERSONAL INFORMATION
10. THIRD PARTY SITES
10.1. Barnaby Binks third party partners and associates with care and with our customers’ needs in mind. We aim to provide information and services from reputable third parties with quality products or services who will be able to fully deliver that information or those services to you.
10.2. The Website may contain links to third party websites or content (Third Party Content). Barnaby Binks Does not monitor, review or update, and does not have any control over Third Party Content. Unless expressly stated otherwise, Barnaby Binks Does not endorse or adopt Third Party Content and makes no representation, warranty or guarantee as to accuracy, completeness, timeliness or reliability of Third Party Content or the safety of any third party website.
10.3. If you use the links contained on our Website to access Third Party Content you do so entirely at your own risk and liability. In addition, without limiting any other part of the Terms, reference to any products, services, processes or other information by name, trademark, manufacturer, supplier or otherwise on or via the Website does not constitute or imply any endorsement, sponsorship or recommendation by Barnaby Binks Pty.
11. NO WARRANTIES
11.1. Nutritional information and weights are provided on packaging of our goods and are calculated using the ANZFA nutritional information database based on average quantities of ingredients used. As our goods are handmade the precise weights and nutritional value of each specific product cannot be guaranteed as weights may vary slightly from case to case. We do not guarantee that the goods correspond precisely to the nutritional information panel other than in relation to the average nutritional value of the each good.
11.2. The Website and Content are provided “as is” without warranty of any kind, express or implied. Except to the extent required by the law, Barnaby Binks Does not make any representations or warranties as to the Website, including but not limited to, warranties of merchantability and fitness for a particular purpose, title, non-infringement, security, informational content, system integration or accuracy and the express warranty of quiet enjoyment or as to the accuracy or suitability of information, descriptions, guidelines and images on the Website including colour, design and texture samples, descriptions of any materials or products, services, offers, merchants or any other information shown on the Website.
11.3. Barnaby Binks does not represent or warrant that the Website or its server(s), applications or functionalities are free of viruses or other harmful components, and you bear the entire risk of losses or damages that you may incur or suffer as a result of any use of or visit to this Website. Barnaby Binks Does not guarantee continuous, uninterrupted, error-free or secure access to the Website or its services, since the operation of the Website may be interfered with by numerous factors outside of Barnaby Binks Pty’ control.
12. LIMITATION OF LIABILITY
12.1. Except to the extent required by the law or as is expressly set out in the Terms, Barnaby Binks Specifically disclaims all or any liability arising from your access to or use of the Website and Content, making any Order or purchasing any goods, and in no event will Barnaby Binks Pty, its subsidiaries, affiliates, officers, directors, shareholders, employees or agents be liable for any loss or damage of any kind, including indirect, incidental, consequential, punitive, or special damages or any loss of use, loss of profits or loss of data, whether in an action in contract, tort, strict liability or otherwise (including but not limited to negligence), arising out of or in any way connected with those matters (even if Barnaby Binks Has been advised of the possibility of such damages).
12.2. In any event, Barnaby Binks Pty’ total liability to you for damages, losses, and causes of action (whether in contract or tort (including, but not limited to, negligence) or otherwise) will not exceed the amount paid by you, if any, for accessing the Website or purchasing any goods.
12.3. Barnaby Binks Pty’ liability for breach of any condition or warranty implied by legislation is, at Barnaby Binks Pty’ option, limited to supplying goods again or payment of the cost of having goods supplied again.
12.4. Without limiting the above, you acknowledge that Barnaby Binks Accepts no responsibility or any liability for Orders made by you, and you acknowledge that Instructions are to be strictly observed and followed at your own risk. Barnaby Binks Does not accept any responsibility or liability for any information or errors provided by you in the Order, or in booking or receiving any Orders, including your failure to do all things necessary to ensure the order, booking and receipt of goods, are suitable and safe for your circumstances.
12.5. You release and forever discharge Barnaby Binks Pty, its officers, employees and agents from all and any loss, damage or liability (including indirect, special or consequential) excluded under these Terms, including from any third party claim, except to the extent that any legislation applies and cannot be lawfully excluded.
13.1. You indemnify and will keep indemnified, Barnaby Binks And its subsidiaries, affiliates, officers, directors, agents, shareholders, employees or agents and will hold us harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of the Terms, or your violation of any law or the rights of any party. You also indemnify and will keep indemnified Barnaby Binks From any and all damage you may cause Barnaby Binks Pty, its business, or the Website due to your interaction with the Website including without limitation your contributions, if any to the Website.
13.2. You indemnify and will keep indemnified and hold harmless Barnaby Binks Pty, its officers, employees and agents against any loss or damage of any kind that is either excluded under the Terms, including from any third party claim, for any property or injury to or death of any person, or caused as a result in any way by a breach by you of the Terms, any negligent act or omission or wilful misconduct of yours or any claim, suit or action brought against Barnaby Binks Pty. As a result of your ordering, booking and receiving any goods.
13.3. This Clause contains continuing separate obligations and it survives termination.
14.1. Barnaby Binks reserves the right, without notice and in its sole discretion, to restrict or terminate your ability to use the Website, and to limit, block or prevent access to and use of this Website, including access to and use of your account or orders, without any liability to you. Failure by you to abide by the Terms revokes your authorisation to use the Website and its services, including any licence granted.
14.2. Barnaby Binks Reserves its right to refuse service, terminate an Order or change or remove the Website or Content at its sole discretion and will not be liable for any damages, loss or expenses of any kind, including indirect or consequential loss or damage, suffered or incurred by you in any way (including due to negligence) as a result of refusal, termination, change or removal, or in connection with your reliance on the Order in any way, other than a refund that is expressly permitted under the Terms.
15. INTELLECTUAL PROPERTY
15.1. You acknowledge that Barnaby Binks Is the owner or licensee of all intellectual property rights in the Website and all works and designs therein and nothing in these Terms grants or gives you any intellectual property rights in the Website, works or designs, which to avoid doubt are absolutely assigned to Barnaby Binks Pty.
15.2. You acknowledge and agree that all information and materials provided to you in the delivery of the services or programs are the sole property of Barnaby Binks Pty. You are not permitted to use, distribute or in any manner share any materials or information received by you from Barnaby Binks or any other party in the delivery of services or programs to you.
15.3. Upon contributing or providing content of any kind to the Website, including via third party sites such as Facebook or Twitter, you immediately grant Barnaby Binks licence to use it for the purpose for which it was given and for our reasonable promotional or marketing purposes relating to the Website and you acknowledge that this clause is sufficient to give effect to the licence. You acknowledge that any contribution you make to the Website or via other sites, does not in any way give you a right, title or interest in the Content or the Website and you warrant to Barnaby Binks You have all necessary rights, including copyright, in the content you are contributing and have not granted any rights inconsistent with any rights granted under these Terms. You warrant that any content contributed by you is not unlawful, defamatory, false or misleading, in violation of laws including privacy, harassment or discrimination, infringing rights, abusive, offensive, obscene or inappropriate, including by being vexatious, provocative, an endorsement or a solicitation and there is currently no claim or dispute with any party about any ownership or use of it.
15.4. All material published on the Website may, at Barnaby Binks Pty’ sole discretion, be edited, removed or republished for any reason whatsoever.
16.1. The following terms along with any competition information on the Website, including how to enter and prize details apply to entry to any Barnaby Binks competition (Competition) and by entering a Competition, you agree to be bound by them. The promoter of any Competition is Barnaby Binks Unless stated otherwise (Promoter).
16.2. The Competition details will specify any restrictions to entry and, unless otherwise stated, the employees or directors, and their immediate families of the Promoter and its suppliers, agencies or other entities associated with the Competition are ineligible to enter. If stated on the Website, entrants must be over 18 years of age or comply with any other requirements or limitations on entry. To enter you must comply with entry requirements on the Website.
17. UPDATES AND REVISIONS
17.1. We may revise and update these Terms from time to time and will publish the updated Terms on our Website. You acknowledge and agree that you are bound by these Terms as published from time to time including updated and revised Terms. Barnaby Binks recommends that you periodically visit this page to review and familiarise yourself with all Terms and review the Website generally to familiarise yourself with updates or revisions. We are not obliged to notify you prior to any changes to the Website or Terms, it is your responsibility to check the Website and Terms from time to time.
18. OTHER POLICIES
19.1. Unless otherwise expressly stated, these Terms prevail over any representation made on the Website or by Barnaby Binks Pty’ staff and personnel.
19.2. If either party fails to do anything it is entitled to under these Terms that does not amount to a waiver of that right. Any waiver or variation must be in writing.
19.3. If any clause or part of a clause is illegal or unenforceable, it is to be treated as removed, but the rest of this document is not affected. Any references to a party include their agents, officers, employees or assigns. These Terms are interpreted under and governed by laws and jurisdiction of the courts of Victoria.
19.4. These Terms are an original work protected by copyright and cannot be copied or reproduced without permission in accordance with any applicable copyright laws