A2B Melbourne Sweets and Snacks

(a) “A2B MELBOURNE” means AI FOODS PTY LTD ACN : 647 280 153 of Shop No 7, 754 -768 Princes Hwy, Springvale, VIC 3171 and its related bodies corporate. These terms and conditions set out the terms of our agreement with you.

(b) A2B MELBOURNE also operates an online goods business for purchasing Indian sweets and savouries and available for pickup from Springvale Store.

(c) Your use and/or purchase of A2B MELBOURNE’s products (“Goods”), services and websites (including affiliated websites and pages, and including but not limited to the website at https://www.a2bmelbourne.com.au/ (referred to collectively, including where Goods are supplied, as the “Services” in this document) is subject to the terms of a legal agreement between you and A2B MELBOURNE.

(d) Unless otherwise agreed in writing with A2B MELBOURNE, your agreement with A2B MELBOURNE will always include the terms and conditions set out in this document (“Main Terms”).

(e) Your agreement with A2B MELBOURNE will also include the terms of any additional notices we send you or post on any website owned or operated by A2B MELBOURNE applicable to the Services, in addition to the Main Terms (“Additional Terms”). Where Additional Terms apply to a Service, these will be accessible for you to read either within, or through your use of, that Service.

(f) If there is any contradiction between what the Additional Terms say and what the Main Terms say, then the Additional Terms shall take precedence in relation to that Service.

(a) In order to use the Services (including purchasing any Goods), you must first agree to the Terms. You may not use the Services if you do not accept the Terms.

(b) You can accept the Terms by:

(i) clicking to accept or agree to the Terms, where this option is made available to you by A2B MELBOURNE in the user interface for any Service (whether through a web browser, mobile app or otherwise); or

(ii) by actually using the Services. In this case, you understand and agree that A2B MELBOURNE will treat your use of the Services as acceptance of the Terms from that point onwards.

(c) You may not use the Services or buy the Goods and cannot accept the Terms if you are not of legal age or capacity to form a binding contract with A2B MELBOURNE, or you are a person barred from receiving the Services under the laws of Australia or other countries including the country in which you are resident or from which you use the Services.

(ii) by actually using the Services. In this case, you understand and agree that A2B MELBOURNE will treat your use of the Services as acceptance of the Terms from that point onwards.

(a) A2B MELBOURNE will use all reasonable endeavours to provide the Services and supply the Goods to you as represented on the A2B MELBOURNE website, or any instructional or promotional material provided by or on behalf of A2B MELBOURNE.

(b) You acknowledge and agree that the form and nature of the Services or Goods which A2B MELBOURNE provides may change from time to time without prior notice to you, and you shall remain bound by the Terms when using the Services in any updated or amended version.

(c) You acknowledge and agree that A2B MELBOURNE may refuse to allow you to access the Services or buy the Goods at its sole discretion, and/or may stop (permanently or temporarily) providing the Services (or any features within the Services) to you or to users generally at A2B MELBOURNE’s sole discretion, without prior notice to you. You may stop using the Services at any time. You do not need to specifically inform A2B MELBOURNE when you stop using the Services. A2B MELBOURNE is not required to act in good faith or reasonably.

(d) You acknowledge and agree that if A2B MELBOURNE disables access to the website or any Services, you may be prevented from accessing the Services, your account details or any files or other content which is contained therein.

(a) You agree to pay all fees charged based on A2B MELBOURNE’s pricing, charges, and billing terms notified to you. Purchase the Product through the Website, you will agree to the payment of the purchase price listed on the Website for the Product

(b) You expressly acknowledge that all Services supplied to you from A2B MELBOURNE:

(i) are priced in Australian Dollars; and

(ii) will be charged, unless expressly stated otherwise, as exclusive of Goods and Services Tax pursuant to A New Tax System (Goods and Services Tax) Act 1999 (Cth). We will issue a tax invoice for all purchases, delivered to your nominated email account and that you will make no objection or claim in relation to any of these matters unless such restriction is prohibited by law.

(d) A2B MELBOURNE may alter any prices of Products without prior notice to Customer.

(e) You must reimburse A2B MELBOURNE for any expenses and charges incurred by A2B MELBOURNE in attempting to recover from You any overdue amounts, including without limitation, debt collection and legal fees.

(i) A2B MELBOURNE attempts to be as accurate as possible. However, A2B MELBOURNE does not warrant that the Goods and Services supplied by A2B MELBOURNE are accurate, complete, reliable, current or error-free. If a Good or Service offered by A2B MELBOURNE is not as described, our liability to you shall be limited a refund for that Good or Service or provision of the Service again, alone.

(a) In order to access certain Services, you will be required to provide information about yourself (identification, payment and contact details) as part of the registration process for the Service, or as part of your continued use of the Services. You agree that any registration information you give to A2B MELBOURNE will always be accurate, correct and up to date, and will be provided in accordance with the A2B MELBOURNE Privacy Policy and other applicable privacy policies.

(b) A2B MELBOURNE will rely on the accuracy of the information you provide. All Services will be provided in accordance with the information you have provided as at the date of provision of the Services. A2B MELBOURNE will not be liable to you in any respect or for any amount for any loss suffered by you if you have not provided accurate information.

(c) Any data you provide to A2B MELBOURNE will be error free, legible (or audible) in a manner that will reasonably be considered to allow us to provide the Services. We will not be liable to you in any respect for any amount for any loss suffered by you if you have not provided information of such quality.

(d) You agree to use the Services only for purposes that are agreed at the time of using the Services (including in relation to any Content), and that are permitted by these Terms and any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions.

(e) You agree not to access (or attempt to access) any of the Services by any means other than through the interface that is provided by A2B MELBOURNE, unless you have been specifically allowed to do so in a separate agreement with A2B MELBOURNE. You specifically agree not to access (or attempt to access) any of the Services through any automated means (including use of scripts or web crawlers) and shall ensure that you comply with the instructions set out in any robots.txt file present on the Services, and you agree not to access the content directly from Contributors without the direct written agreement of A2B MELBOURNE.

(f) You agree that you will not engage in any activity that interferes with or disrupts the Services (or the servers and networks which are connected to the Services).

(g) Unless you have been specifically permitted to do so in a separate agreement with A2B MELBOURNE, you agree that you will not reproduce, duplicate, copy, sell, trade or resell the Services for any purpose. You must keep all aspects of the Services, including any source code, completely confidential and will not provide any such information to any other party. You will indemnify and hold harmless A2B MELBOURNE for any loss it suffers if you breach this obligation.

(h) Unless you have been specifically permitted to do so in a separate agreement with A2B MELBOURNE, you agree that you will not alter, modify, remove or otherwise obscure any content that you access by using the Services.

(i) You agree that you are solely responsible for (and that A2B MELBOURNE has no responsibility to you or to any third party for) any breach of your obligations under the Terms and for the consequences (including any loss or damage which A2B MELBOURNE may suffer) of any such breach. You agree to indemnify A2B MELBOURNE for any loss suffered by reason of any breach of your obligations under the Terms (including any consequential damages).

(a) You agree and understand that you are responsible for maintaining the confidentiality of passwords associated with any account you use to access the Services.

(b) Accordingly, you agree that you will be solely responsible to A2B MELBOURNE for all activities that occur under your account, and A2B MELBOURNE will not be responsible for any loss suffered by you or any other person by reason of unauthorised use of your account.

(d) We may supply you with a generic password upon registration, however you must change your password prior to your first use of the Services.

(e) If you become aware of any unauthorised use of your password or of your account, you agree to change your account password and notify A2B MELBOURNE immediately.

(f) We will take all reasonable steps to ensure the security of any data you provide to us. We will also use reasonable endeavours to ensure that any company to which we outsource or allocate the provision of Services will comply with our Privacy Policy and Australian law. So long as we take reasonable steps to do so, we shall not be liable to you for any unauthorised disclosure of any information unless we have not notified you as required by our Privacy Policy or by law.

(a) For information about A2B MELBOURNE’s data protection practices, please read A2B MELBOURNE’s Privacy Policy. This policy explains how A2B MELBOURNE treats your personal information, and protects your privacy, when you use the Services.

(b) You agree to the use of your data in accordance with A2B MELBOURNE’s Privacy Policy.

(a) A2B MELBOURNE has the right to use the intellectual property.

(b) You acknowledge and agree that A2B MELBOURNE (or A2B MELBOURNE’s licensors) own all legal right, title and interest in and to the Goods and Services, including any intellectual property rights which subsist in the Goods and Services (whether those rights happen to be registered or not, and wherever in the world those rights may exist). You further acknowledge that the Services may contain information which is designated confidential by A2B MELBOURNE and that you shall not disclose such information without A2B MELBOURNE’s prior written consent.

(d) Unless you have agreed otherwise in writing with A2B MELBOURNE, nothing in the Terms gives you a right to use any of A2B MELBOURNE’s trade names, trade marks, service marks, logos, domain names, and other distinctive brand features (whether owned or licensed by A2B MELBOURNE).

(e) You agree that you shall not remove, obscure, or alter any proprietary rights notices (including copyright and trademark notices) which may be affixed to or contained within the Goods or Services.

(f) Unless you have been expressly authorised to do so in writing by A2B MELBOURNE, you agree that in using the Services, you will not use any trade mark, service mark, trade name, logo of any company or organization in a way that is likely or intended to cause confusion about the owner or authorized user of such marks, names or logos. You agree to wholly indemnify A2B MELBOURNE for any loss or damage suffered by A2B MELBOURNE by reason of any breach by you of this Clause.

(a) To the fullest extent permitted by law, you agree to fully and promptly indemnify A2B MELBOURNE against any loss (either direct or indirect) damage or expense whatsoever which A2B MELBOURNE may suffer or incur in respect of:

(i) Any breach by you of the provisions of the Terms;

(ii) Any claim in connection with your use of the Goods or the Services by any person;

(iii) Any claim by any person in connection with your infringement of any intellectual property rights arising from your use of the Goods or Services; and/or

(iv) Any claim by any person against you arising out of or in respect of the exploitation of the intellectual property in the Goods or Services by A2B MELBOURNE.

(b) You irrevocably release A2B MELBOURNE and waive all claims which you may have in the future against A2B MELBOURNE, in respect of any action, claim or remedy whatsoever in any way attributable to any of the above.

(a) The Terms will continue to apply until terminated by either you or A2B MELBOURNE as set out below.

(b) Subject to the balance of this clause, if you want to terminate your legal agreement with A2B MELBOURNE, you may do so by:

(i) notifying A2B MELBOURNE at any time using the contact page on our website; and

(ii) closing your accounts for all of the Services which you use, where A2B MELBOURNE has made this option available to you.

(c) All Goods and Services are non-refundable unless in accordance with these terms or where required by law or otherwise identified in any refund policy published by A2B MELBOURNE in existence from time to time.

(d) A2B MELBOURNE may at any time, terminate its legal agreement with you if:

(i) you have breached any provision of this agreement (or have acted in manner which clearly shows that you do not intend to, or are unable to comply with the provisions of this agreement); or

(ii) A2B MELBOURNE is required to do so by law (for example, where the provision of the Services to you is, or becomes, unlawful); or

(iii) any third party regarding whom A2B MELBOURNE offered the Services to you has terminated its relationship with A2B MELBOURNE or ceased to offer the Services to A2B MELBOURNE or you; or

(iv) you have not made payment as required for the Services;

(v) A2B MELBOURNE is transitioning to no longer providing the Services to users in the country in which you are resident or from which you use the service; or

(vi) the provision of the Services to you by A2B MELBOURNE is, in A2B MELBOURNE’s opinion, no longer commercially viable; or

(vii) for any other reason A2B MELBOURNE in its reasonable discretion thinks fit.

(e) Termination of the agreement will result in an automatic revocation of any licence provided under it in relation to the Goods or the Services, unless otherwise agreed in writing with A2B MELBOURNE.

(f) Nothing in this Section shall affect A2B MELBOURNE’s rights regarding provision of Services under the Terms.

(g) When these Terms come to an end, all of the legal rights, obligations and liabilities that you and A2B MELBOURNE have benefited from (including any moneys owed for Services provided to you), been subject to (or which have accrued over time whilst the Terms have been in force) or which are expressed to continue indefinitely, shall be unaffected by this cessation, and the provisions of these Terms shall continue to apply to such rights, obligations and liabilities indefinitely.

(a) To the maximum extent permitted by applicable law, we exclude completely, all liability to any person for loss or damage of any kind, however arising whether in contract, tort (including negligence), statute, equity, indemnity or otherwise, arising from, in connection to or relating in any way to the Services or the Goods. This includes the transmission of any computer virus, use of your personal data by unauthorised parties and any other form of loss or damage that may arise from a cyber-attack of any form.

(b) Nothing in these terms, shall exclude or limit A2B MELBOURNE’s warranty or liability for losses which may not be lawfully excluded or limited by applicable law or otherwise contained in any warranty identified in any additional terms. Some jurisdictions do not allow the exclusion of certain warranties or conditions or the limitation or exclusion of liability for loss or damage caused by negligence, breach of contract or breach of implied terms, or incidental or consequential damages. Accordingly, only the limitations which are lawful in your jurisdiction will apply to you and our liability will be limited to the maximum extent permitted by law.

(c) You expressly understand and agree that your use of the services is at your sole risk and that the goods and services are provided "as is" and “as available.”

(d) In particular, A2B MELBOURNE do not represent or warrant to you that:

(i) Your use of the services will meet your requirements,

(ii) All goods and services are in stock and available for purchase;

(iii) Any of the information or content you access using the services is accurate, reliable, or that any particular result or effect will be achieved by using the services or any of the content accessed or downloaded using the services;

(iv) Your use of the services will be uninterrupted, timely, secure or free from error or viruses; and

(v) Any information obtained by you as a result of your use of the services will be accurate or reliable,

(e) Any material downloaded or otherwise obtained through the use of the services is done at your own discretion and risk and you will be solely responsible for any damage to your computer system or other device or loss of data that results from the download of any such material.

(f) No advice or information, whether oral or written, obtained by you from A2B MELBOURNE or through or from the services shall create any warranty not expressly stated in the terms.

(g) A2B MELBOURNE further expressly disclaims all warranties and conditions of any kind, whether express or implied, including, but not limited to the implied warranties and conditions of merchantability, fitness for a particular purpose and non-infringement.

(a) You expressly understand and agree that A2B MELBOURNE, its subsidiaries and affiliates, and its licensors shall not be liable to you for:

(i) Any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you, however caused and under any circumstances. This shall include, but not be limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation, any loss of data suffered, cost of procurement of substitute goods or services, or other intangible loss;

(ii) Any loss or damage which may be incurred by you, including but not limited to loss or damage as a result of any reliance placed by you on the completeness, accuracy or existence of any advertising, or as a result of any relationship or transaction between you and any advertiser or sponsor whose advertising appears on the Services.

(iii) Any changes which A2B MELBOURNE may make to the services, or for any permanent or temporary cessation in the provision of the services (or any features within the services);

(iv) The deletion of, corruption of, or failure to store, any content and other communications data maintained or transmitted by or through your use of the Services;

(v) Your failure to provide A2B MELBOURNE with accurate account information;

(vi) Your failure to keep your password or account details secure and confidential;

(b) The limitations on A2B MELBOURNE’s liability to you above shall apply whether or not A2B MELBOURNE has been advised of or should have been aware of the possibility of any such losses arising.

(c) We shall not be liable to you for any delay or failure to perform or provide the services by reason of any circumstances beyond our reasonable control.

(d) To the extent permitted by law, in the event that A2B MELBOURNE is found to be liable to you, our liability shall be limited to a refund of amounts paid by you to A2B MELBOURNE, a replacement of the goods or services supplied, or reperformance of the Services supplied.

(a) If you have a complaint about the Goods or the Services provided us (Complaint) or would like to request a refund from us (Refund Request), please contact us directly and we will use our reasonable efforts to assist you.

(b) If your Complaint or Refund Request is still not resolved despite our assistance, the Complaint or Refund Request will be considered a dispute and the dispute resolution process set out in clause 14 will apply or if the Complaint.

(a) A party (us and you) claiming that a dispute has arisen under or in connection with these Terms (complainant) must not commence court proceedings arising from or relating to the dispute, other than a claim for urgent interlocutory relief, unless the complainant has complied with the requirements of this clause 14.

(b) The complainant must give the other party or parties to the dispute written notice containing reasonable details of the dispute and proposed resolution.

(c) Once the dispute notice has been given, each party to the dispute must then use its best efforts to resolve the dispute in good faith.

(d) If the dispute is not resolved within a period of 14 days after the date of the notice, any party to the dispute may refer the matter to a mediator.

(e) If the parties cannot agree on a mediator within a further 14 days, the complainant will refer the matter to the President of the Law Institute of Victoria to appoint a mediator. The time and place for mediation will be determined by the mediator. The parties must attend the mediation, in good faith, to seek to resolve the dispute through mediation or if directed by the mediator through any other alternative dispute resolution processes.

(f) Any attempts made by the parties to resolve a dispute in accordance with this clause 14 will be without prejudice to any other rights or entitlements of the parties under these Terms whether by law or in equity.

(g) Each party must pay for their own costs in connection to any dispute or mediation and will be equally liable for the fees and reasonable expenses of the mediator and the cost of the venue of the mediator.

(a) The Services may include hyperlinks to other web sites or content or resources. A2B MELBOURNE may have no control over any web sites or resources which are provided by companies or persons other than A2B MELBOURNE.

(b) You acknowledge and agree that A2B MELBOURNE is not responsible for the availability of any such external sites or resources, and does not endorse any advertising, products or other materials on or available from such web sites or resources.

(c) You acknowledge and agree that A2B MELBOURNE is not liable for any loss or damage which may be incurred by you as a result of the availability of those external sites or resources, or as a result of any reliance placed by you on the completeness, accuracy or existence of any advertising, products or other materials on, or available from, such web sites or resources.

(a) A2B MELBOURNE may make changes to the Terms from time to time. When these changes are made, A2B MELBOURNE will make a new copy of the Terms available on any platform through which the Services are accessed. A2B MELBOURNE shall not be required to otherwise notify you of any changes to the Terms, and you agree to be bound by the Terms as applicable from time to time.

(b) You understand and agree that if you use the Services after the date on which the Main Terms or Additional Terms have changed, A2B MELBOURNE will treat your use as acceptance of the updated Terms.

(a) Sometimes when you use the Services, you may (as a result of, or through your use of the Services) use a service or download a piece of software, or purchase goods, which are provided by another person or company. Your use of these other services, software or goods may be subject to separate terms between you and the company or person concerned. If so, the Terms do not affect your legal relationship with these other companies or individuals.

(b) The Terms constitute the whole legal agreement between you and A2B MELBOURNE and govern your use of the Services (but excluding any services which A2B MELBOURNE may provide to you under a separate written agreement), and completely replace any prior agreements and/or representations between you and A2B MELBOURNE in relation to the Services.

(c) You agree that A2B MELBOURNE may provide you with notices, including those regarding changes to the Terms, by email, regular mail, or postings on the Services.

(d) You agree that if A2B MELBOURNE does not exercise or enforce any legal right or remedy which is contained in the Terms (or which A2B MELBOURNE has the benefit of under any applicable law), this will not be taken to be a waiver of A2B MELBOURNE’s rights and that those rights or remedies will still be available to A2B MELBOURNE.

(e) If any court of competent jurisdiction rules that any provision of these Terms is invalid, then that provision will be read down or removed from the Terms without affecting the rest of the Terms. The remaining provisions of the Terms will continue to be valid and enforceable.

(g) You acknowledge and agree that each member of any company or entity to which A2B MELBOURNE is directly affiliated (through whole or part ownership or control) shall be third party beneficiaries to the Terms and that such other companies shall be entitled to directly enforce, and rely upon, any provision of the Terms which confers a benefit on (or rights in favour of) them. Other than this, no other person or company shall be third party beneficiaries to the Terms.

(h) The Terms, and your relationship with A2B MELBOURNE under the Terms, shall be governed by the laws of the State of New South Wales (or Australia where applicable). You and A2B MELBOURNE agree to submit to the non-exclusive jurisdiction of the courts located within the State of New South Wales (or Australia, where applicable) to resolve any legal matter arising from the Terms. Notwithstanding this, you agree that A2B MELBOURNE shall still be allowed to apply for injunctive remedies (or an equivalent type of urgent legal relief, interlocutory or final) in any jurisdiction.

(i) You acknowledge and warrant that you are of legal capacity or had a reasonable opportunity to obtain independent legal advice in relation to the Terms and enter this agreement with an understanding of the legal and practical effect of the Terms. A2B MELBOURNE shall not be liable for any breach of this warranty.

Terms And Conditions

1. A2B MELBOURNE – Application of the T&Cs

2. Accepting the Terms

3. Provision of the Services by A2B MELBOURNE

Payment of fees

General

4. Your Use of the Services

5. Your account security and data security

6. Privacy and personal information

7. Proprietary rights

8. Indemnity

9. Terminating the agreement

10. Exclusion of liability

11. Limitation of liability

12. CUSTOMER COMPLAINTS

13.DISPUTE RESOLUTION

14. Other content

15. Changes to the Terms

16. General

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