Acceptance of Terms
Welcome to the Wobbly Wombat website (“Website”). Wobbly Wombat 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 Wobbly Wombat 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 Wobbly Wombat 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. Wobbly Wombat 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
Wobbly Wombat and its related bodies corporate attempt to be as accurate as possible in the description of products. However, Wobbly Wombat 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 Wobbly Wombat of goods or services on the web site which cannot be excluded, restricted or modified (“Non-excludable Rights”). Wobbly Wombat 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) Wobbly Wombat 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) Wobbly Wombat 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) Wobbly Wombat 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 Wobbly Wombat) 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 Wobbly Wombat) will Wobbly Wombat 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 Wobbly Wombat 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, Wobbly Wombat‘s liability for breach of any implied warranty or condition which cannot be excluded is limited, at the option of Wobbly Wombat, to the following:
in the case of services supplied or offered by Wobbly Wombat, (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 Wobbly Wombat, (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 Wobbly Wombat 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 Wobbly Wombat or the appropriate supplier or licensor of Wobbly Wombat.
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 Wobbly Wombat or its software suppliers and is protected by Australian and international copyright laws.
Your Account, Membership and/or Registration
In consideration of your use of the Website, you agree to:
- provide true, accurate, current and complete information about yourself as prompted by the web site’s registration form (such information being the “Registration Data”); and
- maintain and promptly update the Registration Data to keep it true, accurate, current and complete.
- In particular to register, you must provide your real name and email address. If you provide any information that is untrue, inaccurate, not current or incomplete, or Wobbly Wombat has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Wobbly Wombat has the right to suspend or terminate your account and refuse any and all current or future use of the Website (or any portion thereof).
If you use this Website, you are responsible for maintaining the confidentiality of your Registration Data and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password.
Electronic Communications and Your Conduct
When you visit the Website or send an email to us, you are communicating with us electronically. You also consent to receive communications from us electronically. We will communicate with you by email or by posting notices on this Website. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
The Website may contain electronic bulletin boards, chat rooms and other communication facilities which provide for feedback by users to Wobbly Wombat, real-time interaction between users (including individuals referred to as guests and experts) and other electronic messaging and notice services (“Communication Facilities”).
It is a condition of your use of any Communication Facility and your access to the Website that you do not do any of the following:
- restrict or inhibit any other user from using or enjoying any Communication Facility;
- post or transmit any unlawful, threatening, abusive, defamatory, obscene, vulgar, pornographic, profane or indecent information or material of any kind, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offence, give rise to civil liability or otherwise violate any applicable law;
- post or transmit any material of any kind which violates or infringes upon the rights of any other person, including material which is an invasion of any privacy or publicity rights or which is protected by copyright, trademark or any other proprietary right or derivative works with respect thereto, without first obtaining permission from the owner or relevant right holder;
- post or transmit any material of any kind which contains a virus or other harmful component;
- post, transmit or in any way exploit any material of any kind for commercial purposes or which contains any promotional material or advertising;
- delete any author attributions, legal notices or proprietary designations or labels in any file that is uploaded; or
- download any file posted by any other user of a Communication Facility if you know, or reasonably ought to know, that the file cannot legally be distributed in such manner.
Wobbly Wombat may from time-to-time monitor or review the contents of its Communication Facilities. While Wobbly Wombat reserves its right to edit, refuse to post or to remove any information and/or materials (in whole or in part) that in Wobbly Wombat’s sole discretion is in any way objectionable or in violation of any applicable law or the Terms of Use, Wobbly Wombat has no obligation whatsoever to monitor any Communication Facility or to edit, delete or refuse to post such contents, nor is Wobbly Wombat responsible for any contents in any Communication Facilities (including any information, comments and/or advice of any individual referred to as guest or expert whose statements on the web site are solely their own). You expressly acknowledge and agree that the Communication Facilities provide a means of public and not private communications.
Wobbly Wombat reserves the right to cooperate fully with any law enforcement authority in any jurisdiction in respect of any lawful direction or request to disclose the identity or other information in respect of anyone posting any materials which violate any applicable or relevant law.
Contributions
Wobbly Wombat may permit you to make share, publish, post, store or upload information including data, text, video, still images, audio or other material on the Website (“Contributions”). You retain sole responsibility for and accept all liability for all Contributions you make to the Website and Wobbly Wombat disclaims any and all liability in connection with Contributions. Wobbly Wombat assumes no responsibility for monitoring any Contributions, and does not endorse the information Contributions. Wobbly Wombat is under no obligation to treat your Contribution as confidential.
Wobbly Wombat may at any time, without liability to you, remove, alter or disable access to any or all of your Contributions in its sole discretion without prior notice to you.
User Licence To Wobbly Wombat
By placing any Contributions, information or other material on the Website (including posting messages, uploading files, inputting data or engaging in any other form of communication), you grant to Wobbly Wombat and its related bodies corporate a perpetual, royalty-free, non-exclusive, irrevocable, unrestricted, worldwide licence to do the following in respect of the Contributions, information or material:
- use, copy, sublicense, redistribute, adapt, transmit, publish and/or broadcast, publicly perform or display, and
- sublicense to any third parties the unrestricted right to exercise any of the foregoing rights granted.
The foregoing grant includes the right to exploit all proprietary rights in any such information or other material, including but not limited to rights under copyright, trademark, service mark or patent laws under any jurisdiction worldwide. You expressly waive in favour of Wobbly Wombat and any other party authorised by Wobbly Wombat all moral rights and any similar rights in any jurisdiction which you may have or hereafter acquire in respect of any relevant communication or other material. At the request and expense of Wobbly Wombat, you will execute and deliver to Wobbly Wombat such instruments and take such other actions as may be required to carry out this grant of licence and waiver.
Online Security
At Wobbly Wombat we take your online security very seriously. As such, we have prepared the following guidelines and information to help you enjoy trouble free browsing when visiting our web site or interacting with us.
Wobbly Wombat will never ask you to provide personal information like your bank details, credit card details, your address, driving licence or passport numbers via email.
If you’re making an online purchase from Wobbly Wombat and are required to provide us with your bank or credit card details, this will be carried out within a secure browser window. Check that a locked padlock symbol appears at the foot or top of the browser in which you are entering your details. The URL should also change, to start with ‘https://…’ instead of ‘http://…’
Please REPORT any suspicious activity to us immediately.
Risk Of Loss
All items purchased from Wobbly Wombat are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.
Third party links and advertising
Hyperlinks and pointers to web sites operated by third parties will appear on Wobbly Wombat from time to time. These web sites do not form part of the Website and are not under the control of Wobbly Wombat or its related bodies corporate and neither Wobbly Wombat nor its related companies have any responsibility for the contents of any such hyperlink or linked web site. If you link to any such web sites you leave the Website and do so entirely at your own risk.
The Website displays third party advertisements, which may or may not contain hyperlinks or referral buttons to web sites operated by third parties. The display of such advertising does not in any way imply a recommendation or endorsement by Wobbly Wombat or its related bodies corporate of the relevant advertiser, its products or services or any such linked web site.
If you contact a third-party using functionality provided on the Website, including via email, Wobbly Wombat accepts no responsibility for any actions taken by that third party in response to your communication or for any transactions entered into between you and the relevant third party.
Errors And Omissions
Wobbly Wombat endeavours to maintain the accuracy of product images, product descriptions, stock availability and prices, we do however reserve the right to cancel an order and/or reverse a payment if an order has been placed based on erroneous information.
Delivery
In rural and regional areas of Australia, delivery times for Express Parcel Services are in respect of delivery to the Post Office of the principal township in that area. Delivery to final destinations may take longer. If in doubt, please check with your local Post Office.
Returns
Wobbly Wombat will accept returns in accordance with Victorian and Australian law. Returns are also accepted with prior approval from Wobbly Wombat where a return authority number will be issued and must be with 30 days of invoice. The item must be unused and the packaging in new condition.
Repairs and Warranties
If a product is faulty please contact us immediately so as to authorize a repair or replacement. If an item arrives and is faulty on arrival, please contact us within 14 days so we can arrange a replacement or repair.
Free delivery for Australian orders $50 and above.
Free domestic standard shipping with orders $50 and above. Excludes international shipping. Excludes express shipping. Total cart balance remaining after any applied promotions must be greater than $0 in order for promotion to apply.
Wobbly Wombat social media community guidelines
Here at Wobbly Wombat, we value social media as a channel for us to build a community of passionate tea lovers. It’s a place where we connect with our customers, whether that be providing information on our products or helping service our customers, we’re here for you!
To maintain and nurture a vibrant online community, it’s important that we lay some ground rules on ways we engage on social media. On Wobbly Wombat owned social media channels, we reserve the right to moderate all communications within our online community, this means that we will remove all posts/comments that include:
- Any violent, obscene, profane, racist, homophobic, transphobic, denigrating or generally hateful comments
- Sexually explicit content and content commenting on sexuality or gender (assumed or otherwise)
- Content that aims to blackmail/manipulate an individual
- Comments that include personal attacks towards an individual
- Commenting on a person’s appearance, e.g. writing offensive comments around someone’s physical appearance
- Comments that threaten to, or aim to harm the reputation of any person or organisation
- Unauthorised commercial solicitations (such as spam)
- Comments suggesting or encouraging illegal activity
- Multiple off-topic posts or repetitive posts that are copied and pasted
- Posting comments that include an individual’s personal information including, but not limited to, name, e-mail addresses, telephone numbers, mailing addresses, or identification numbers.
- In the case of repeat offenders, we reserve the right to indefinitely ban users from any and all of our channels. The mental health and wellbeing of our team members is important to us. We want to ensure that we maintain a respectful and safe environment for everyone, free from aggression, violence, antisocial behaviour and any form of discrimination.
These behaviours towards team members will not be tolerated and is not acceptable. Although most abuse is verbal in nature, and the impact on our team members may not be visible, the effect can be negative and lasting.
We are always here to help with any questions you may have about our tea, products, and services.
Thank you for taking the time to contribute to our community.
Wobbly Wombat – User Generated Content Terms & Conditions
We have sent you a request in the comment section or via personal message of the post that we wish to feature and share (“Content”). By providing your consent with the relevant hashtag and/or handle to our comment, you acknowledge that you have read and accepted the terms and conditions set out below:
By accepting these terms and conditions, you affirm that you are either 18 years of age or older, or an emancipated minor, or possess legal parental or guardian consent. You also affirm that you are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these terms and conditions, and to abide by and comply with these terms and conditions.
The Content shall include all photographs, text, information, graphics, images, videos, sound, illustrations, works of authorship, social media profile names and/or handles, Your Likeness (defined below) the likeness of others and any information (including personally identifiable, metadata and location information) contained in the Content.
You hereby licence and grant, Wobbly Wombat, its affiliates, related bodies corporate, retailers and sub-licensees a non-exclusive, royalty-free, perpetual, worldwide, transferable and sub-licensable right to use, reproduce, modify, adapt, publish and display your Content and your name, voice, image, likeness, and/or any other identifiable representation of yourself in the Content (collectively, “Your Likeness”) in whole or in part for any purpose, including but not limited to future promotional, marketing or publicity purposes, in any media channels, without compensation, restriction on use, attribution or liability.
Wobbly Wombat has final editorial control over any materials produced by Wobbly Wombat utilising or incorporating the Content and Your Likeness (or element thereof) and you hereby waive any right you may have to inspect or approve such materials.
You hereby represent and warrant that: (a) you are the exclusive owner of all rights (including all intellectual property rights) in your Content, you have the right to license these rights and your Content does not infringe the rights of any third party; (b) you have obtained all necessary consent/s and approval/s for any third party material that appears in the Content to properly grant Wobbly Wombat the relevant usage rights (same as outlined above) in the Content; (c) you have obtained all necessary permissions from all persons whose name, voice, image, likeness and/or any other identifiable representation are included in the Content to properly grant Wobbly Wombat the relevant usage rights (same as outlined above) in the Content; (d) you are the rightful operator of the relevant account hosting the Content, and no other person can lay claim to the account;(e) the Content is true, accurate, complete and not false or misleading; and (f) you will indemnify and hold harmless Wobbly Wombat from any claims to the contrary.
You hereby consent to all or any acts or omissions by Wobbly Wombat or persons authorised by Wobbly Wombat which may infringe any creator’s moral rights that you or any other party may have in the Content, as described in Part IX of the Copyright Act 1968.
Wobbly Wombat may collect any personal information that is contained in the Content. Wobbly Wombat will use and handle personal information as set out in its Privacy Policy, which can be viewed at https://www.wobblywombat.com/privacy-policy/
You release Wobbly Wombat, its affiliates and dealers, and each of their respective officers, directors, employees, contractors, business partners and agents and their successors and assigns from any and all liability with respect to whatever manner they use the Content.
The invalidity or unenforceability of any term in these Terms and Conditions will not affect the validity or enforceability of any other term and any such invalid term will be deemed to be severable.