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Terms of service

Our Disclosures: Our complete terms and conditions are contained below, but some important points for you to know before you become a customer are set out below: · We provide once-off orders and a subscription service. By purchasing a subscription on the Site, you are agreeing to order products from us on an ongoing basis. A minimum term may apply to your subscription, as set out in your account. · For our subscription service, we may need to change the Price from time to time. If we change the Price, we will provide you with 14 days notice of the change. After 14 days, we will apply the new Price to your existing payment details for all future orders. If you do not agree with the new Price, you may cancel your subscription in accordance with these terms. · All of the products on the Site are subject to availability. Due to market conditions outside our control, sometimes we will need to substitute certain products in your order. · We may cancel, at any time before delivery and for whatever reason, an order that we have previously accepted. Where we do so, we will refund you using the original payment method used for the order. · Our liability under these terms is limited to the price paid by you for the products the subject of the relevant claim, and we will not be liable for events outside our reasonable control or for indirect losses. · We may amend these Terms at any time by publishing updated terms on our Site. · We may receive a benefit (which may include a referral fee or a commission) should you visit certain third-party websites via a link on the Site or for featuring certain products or services on the Site. Nothing in these terms limit your rights under the Australian Consumer Law.

 

1 Introduction

(a) This website (Site) is operated by Soda Co Pty Limited trading as Monten Soda (ABN: 14 661 209 767) (we, our or us). These terms and conditions (Terms) are between us and you, the person placing an order for products through the Site.

2 Use of the Site

(a) You accept these Terms by placing an order via the Site.

(b) You must not use the Site and/or place an order for products through the Site unless you are at least 16 years old.

(c) When using the Site, you must not do or attempt to do anything that is unlawful or inappropriate, including:

(1) anything that would constitute a breach of an individual’s privacy or any other legal rights;

(2) using the Site to defame, harass, threaten, menace or offend any person;

(3) using the Site for unlawful purposes;

(4) interfering with any user of the Site;

(5) tampering with or modifying the Site (including by transmitting viruses and using trojan horses);

(6) using the Site to send unsolicited electronic messages;

(7) using data mining, robots, screen scraping or similar data gathering and extraction tools on the Site; or

(8) facilitating or assisting a third party to do any of the above acts.

3 Once-off Orders

(a) You may order products from us as set out on the Site.

(b) Where you have consented to receiving text messages from us, we may, at our sole discretion, also allow you to make orders for products through text messages by responding ‘YES’, following the prompts as set out in the text message, or by any other process which may advise to you, from time to time.

(c) If you place an order for products on our Site or via text message, you are making an order to purchase the product(s) for the price listed on the Site (including the delivery fees or other applicable charges and taxes).

(d) We may, at our absolute discretion, accept or reject an order. If we need to reject your order, we will notify you within a reasonable time after your order is placed. Once we accept an order, a binding agreement is formed for the supply of products to you in accordance with these Terms.

(e) It is your responsibility to check the order details, including selected products, delivery details and pricing, before you submit your order through the Site or via text message.

(f) When you order and pay on the Site or via text message and your payment has been validated, we will provide you with an order confirmation email, which may include an order number, the delivery and billing addresses and a description of what was ordered.

(g) All purchases made through the Site and via text message are subject to availability. We do our best to keep products in stock and to keep the Site up to date with the availability of products.

(h) If a product is available for pre-order only (it is not currently in stock), this will be clearly indicated on our Site. We may display the date that the product is expected to be available for dispatch to you. These dates are an approximation only, and we will not be liable for any delay in the product being available for dispatch or the inaccuracy of the date.

(i) We may cancel, at any time before delivery and for whatever reason, an order that we have previously accepted, including where there is a considerable delay in dispatching your order, if for any reason we cannot supply the products you order (for example for an event beyond our reasonable control) or if products ordered were subject to an error on our Site (for example in relation to a description, price or image). We will contact you using the details you provided when you placed your order. You may choose to receive a refund or a store credit or to place your order on backorder. If you choose a refund or store credit, any delivery costs you have paid for the products will be refunded to you. If you choose to place your order on backorder, we will contact you to arrange delivery once the products are available.

4 Account

(a) You must create an account in order to subscribe to our subscription service.

(b) You must ensure that any personal information you give to us when creating an account is accurate and up-to-date. All personal information that you give to us will be treated in accordance with our Privacy Policy.

(c) It is your responsibility to keep your account details confidential. You are responsible for all activity on your account, including purchases made using your account details.

5 Subscriptions

(a) We also provide a subscription service, and by purchasing a subscription on the Site, you are agreeing to order products from us on an ongoing basis. The details of your subscription (including your subscription tier and inclusions, your payment method, and your delivery period) are as set out in your account on the Site.

(b) All of the products on the Site are subject to availability. Due to market conditions outside our control, sometimes we will need to substitute certain products in your order. We will always aim to substitute products with other similar products.

(c) You may purchase a subscription by paying the subscription fees outlined on the Site (Price) in advance on a monthly basis or some other recurring interval disclosed to you prior to your payment of the Price (Billing Cycle).

(d) At the end of the first Billing Cycle, your subscription will automatically renew for a recurring monthly period of time (each of which will be considered a Billing Cycle) unless and until you cancel your subscription. You will be charged the Price for subsequent Billing Cycles as outlined on the Site.

(e) Your subscription is subject to a minimum term, as set out in your account. Without limiting your Consumer Law Rights, you may only cancel your subscription at the expiry of the minimum term.

(f) Changes to your subscription: You may also amend your subscription (such as changing your subscription tier) through your account at least 24 hours before the next billing date.

(g) We may need to change what is available as part of your subscription (for example, the inclusions, exclusions, updated features) from time to time. If we change what is available as part of your subscription, we will provide you with at least 30 days’ notice of the change. After the notice period has lapsed, we will apply the changes to your subscription. If the changes adversely affect your enjoyment of your subscription, you may cancel your subscription with effect from the date we apply the changes to your subscription by providing written notice to us. If you cancel your subscription in accordance with this clause, and you have paid any part of the Price upfront, you will be issued a pro-rata refund having regard to the date of termination and the period for which you have paid.

(h) We may, at our absolute discretion, suspend or cancel any subscription, or refuse to fulfil any order. If we cannot fulfil an order, or need to suspend or cancel your subscription, we will promptly notify you via email/ via the in-account messaging feature and we will not charge you for any unfulfilled orders.

(i) Each time your order is confirmed on the Site following the Cut-Off Date and your payment has been validated, we will provide you with an order confirmation email, which may include an order number, an order ID, the delivery and billing addresses, [a delivery window], and a description of your order.

6 Price and payments

Once-Off Orders

(a) You must pay us the purchase price of each product you order, plus any applicable delivery costs as set out on the Site (the Price) in accordance with this clause. All amounts are stated in Australian dollars and are inclusive of Australian GST (where applicable).

(b) You must pay the Price upfront using one of the methods set out on the Site.

Subscriptions

(c) You will be charged the Price for your initial order by completing the initial transaction on the Site. Unless you suspend or cancel your subscription in accordance with these terms, you will be charged the Price in accordance with the Billing Cycle.

(d) We may need to change the Price from time to time. If we change the Price, we will provide you with at least 14 days’ notice of the change. After the notice period has lapsed, we will apply the new Price to your existing payment details for all future orders. If you do not agree with the new Price, you may cancel your subscription in accordance with these terms and (a) you will no longer be able to use the Site on and from the date of cancellation, and (b) if you have paid the Price upfront, you will be issued a pro-rata refund having regard to the date of termination and the period for which you have paid.

(e) When you sign up for a subscription, we may pre-authorise or charge your payment method for a nominal amount to verify the payment method.

Payment Conditions

(f) You must not pay, or attempt to pay, the Price by fraudulent or unlawful means. If you make a payment by debit card or credit card, you warrant that you are authorised to use the debit card or credit card to make the payment.

(g) The payment methods we offer are set out on the Site. We may offer payment through a third-party provider for example ZIP, Apple Pay, Google Pay, AfterPay, and PayPal. You acknowledge and agree that we have no control over the actions of the third-party provider, and your use of the third-party payment method may be subject to additional terms and conditions.

(h) We do not store any credit card details, and all payment information is collected and stored through our third-party payment processor.

(i) Where you order the products for delivery outside Australia, you may need to pay custom charges or taxes in addition to the Price.

(j) We may from time to time issue promotional discount codes for certain products on the Site.

(k) To claim the discount, you must enter the promotional discount code at the time of submitting your order through the Site.

(l) The conditions of use relating to promotional discount codes will be set out on the Site. We may also from time to time run competitions on the Site or on social media. These competitions are subject to terms and conditions which will be made available on the Site at the time of the competition.

7 Delivery, title and risk

(a) If possible we will deliver the products to the delivery address you provide when making your order. We deliver Australia wide (unless our delivery company does not deliver to your area).

(b) Subscription orders: When you place your initial order, you will select a delivery day and delivery window. Unless you otherwise vary your delivery day or delivery window before the Cut-Off Date, your chosen delivery day and delivery window will apply to all future orders. We will aim to deliver within your chosen delivery window, however sometimes due to reasons beyond our control, we may not be able to, and we will not be liable for any delay or inability to deliver an order within your delivery window.

(c) Delivery costs are set out on the Site and are to be paid in addition to the Price.

(d) Any delivery periods displayed on the Site are estimates only, based on the information provided by the delivery company.

(e) We deliver the products using a range of delivery methods. You may need to sign for some deliveries. If neither you nor your authorised representative is at the delivery address to accept delivery, you agree that we may leave the products at your premises.

(f) Title to the products will remain with us until you have paid the Price in full for the products. Until title passes, you must not do anything which seeks to create an encumbrance, lien, charge or other interest in or over the products.

(g) Risk in the products will pass to you as soon as they are delivered to the delivery address you provided in your order.

(h) You may choose to receive a refund or a store credit or to place your order on backorder. If you choose a refund or store credit, any delivery costs you have paid for the products will be refunded to you. If you choose to place your order on backorder, we will contact you to arrange delivery once the products are available.

8 Returns

Change of mind returns

(a) We do not accept returns for change of mind or other circumstances. However, you may have rights to a repair, replacement or refund under the Australian Consumer Law (see below).

9 Australian Consumer Law

(a) Nothing in these Terms attempts to modify or exclude the conditions, warranties and undertakings, and other legal rights, under the Australian Consumer Law. In Australia, our goods come with guarantees which cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure. Any and all other warranties or conditions which are not guaranteed by the Australian Consumer Law are expressly excluded where permitted, except to the extent such warranties and conditions are fully expressed in these Terms.

(b) Where you return products to us to seek an Australian Consumer Law remedy, you will need to cover any associated costs (for example delivery costs) of you returning the products to us.

(c) Where your claim is a valid claim under the Australian Consumer Law, we will refund your return delivery costs and, depending on the failure, either dispatch a new or repaired replacement product or refund you the Price of the relevant product. Please contact us for further information.

10 Limitations

(a) You may have rights under the Australian Consumer Law (see above), and nothing in this Limitations clause attempts to modify or exclude those rights.

(b) Despite anything to the contrary, to the maximum extent permitted by law:

(1) neither Party will be liable for Consequential Loss;

(2) each Party’s liability for any Liability under these Terms will be reduced proportionately to the extent the relevant Liability was caused or contributed to by the acts or omissions of the other Party, including any failure by that Party to mitigate its losses; and

(3) our maximum aggregate liability arising from or in connection with the Terms (including the products and/or the subject matter of the Terms) will be limited to, and must not exceed the portion of the Price paid by you to us for the products the subject of the relevant claim.

(c) Force Majeure: Despite anything to the contrary, to the maximum extent permitted by law, we will not be liable for, and you waive and release us from and against any Liability caused or contributed to by, arising from or connected with any event or circumstance which is beyond our reasonable control including but not limited to, acts of God including fire, hurricane, typhoon, earthquake, landslide, tsunami, mudslide or other catastrophic natural disaster, civil riot, civil rebellion, revolution, terrorism, insurrection, militarily usurped power, act of sabotage, act of a public enemy, war (whether declared or not) or other like hostilities, ionising radiation, contamination by radioactivity, nuclear, chemical or biological contamination, any widespread illness, quarantine or government sanctioned ordinance or shutdown, pandemic (including COVID-19 and any variations or mutations to this disease or illness) or epidemic.

(d) You agree that any information contained on the Site and any materials provided with our products (collectively Materials) are provided for general information purposes only and do not take into account your personal circumstances. The Materials are not intended to be advice and they are not intended to be a substitute for professional medical advice. Our products are not intended to diagnose, treat, cure, or prevent any disease or condition and you are solely responsible for determining the suitability of our products for your circumstances and your reliance on the Materials is at your own risk. If you have an existing health condition, we recommend you consult a medical professional before using our products. Use of our products and/or the Materials does not establish a doctor-patient relationship.

11 Intellectual property

(a) All intellectual property (including copyright) developed, adapted, modified or created by us or our personnel (including in connection with the Terms, any content on the Site, and the products) (Our Intellectual Property) will at all times vest, or remain vested, in us.

(b) We authorise you to use Our Intellectual Property solely for your own personal, non-commercial use, and in the manner in which it was intended to be used.

(c) You must not use Our Intellectual Property for commercial purposes, including, for example, to advertise your own business, for re-sale, or for any other revenue generation activity.

(d) You must not, without our prior written consent:

(1) copy, in whole or in part, any of Our Intellectual Property;

(2) reproduce, retransmit, distribute, disseminate, sell, publish, broadcast or circulate any of Our Intellectual Property to any third party; or

(3) breach any intellectual property rights connected with the Site or the products, including (without limitation) altering or modifying any of Our Intellectual Property; causing any of Our Intellectual Property to be framed or embedded in another website; or creating derivative works from any of Our Intellectual Property.

(e) Nothing in the above clause restricts your ability to publish, post or repost Our Intellectual Property on your social media page or blog, provided that:

(1) you do not assert that you are the owner of Our Intellectual Property;

(2) unless explicitly agreed by us in writing, you do not assert that you are endorsed or approved by us;

(3) you do not damage or take advantage of our reputation, including in a manner that is illegal, unfair, misleading or deceptive; and

(4) you comply with all other terms of these Terms.

12 Termination

(a) This clause will only apply where you have a subscription with us.

(b) Cancellation of subscriptions: You may request to cancel your subscription at any time by notifying us via email/via ‘cancel my subscription’ feature in your account. Your cancellation will take effect from the end of the current Billing cycle/ end of the minimum period as set out on the Site/in your account.

(c) A subscription will terminate immediately upon written notice by a Party (Non-Defaulting Party) if:

(1) the other Party (Defaulting Party) breaches a material term of these Terms and that breach has not been remedied within 10 business days of the Defaulting Party being notified of the breach by the Non-Defaulting Party; or

(2) the Defaulting Party is unable to pay its debts as they fall due.

(d) Should we suspect that you are in breach of these Terms, we may suspend your access to [your account] while we investigate the suspected breach.

(e) Upon expiry or termination of your subscription:

(1) we will remove your access to your account;

(2) where we terminate your subscription as a result of your unrectified default, you also agree to pay us our reasonable additional costs directly arising from such termination, including recovery fees;

(3) where termination is due to our breach of these Terms, we agree to refund you for any prepaid and used part of the Price on a pro-rata basis.

(f) Termination of a subscription will not affect any rights or liabilities that a Party has accrued under these Terms.

(g) This clause will survive the termination or expiry of your subscription.

13 General

(a) Disputes: Neither party may commence court proceedings relating to any dispute arising from, or in connection with, these Terms without first meeting with the other party to seek (in good faith) to resolve that dispute (unless that party is seeking urgent interlocutory relief or the dispute relates to compliance with this clause).

(b) Notices: Any notice given under these Terms must be in writing addressed to us at the details set out below or to you at the details provided when you submitted your order. Any notice may be sent by standard post or email, and will be deemed to have been served on the expiry of 48 hours in the case of post, or at the time of transmission in the case of transmission by email.

(c) Feedback and complaints: We are always looking to improve our services. If you have any feedback or a complaint, please notify us on our contact details below and we will take reasonable steps to address any concerns you have.

(d) Assignment: You must not assign any rights or obligations under these Terms, whether in whole or in part, without our prior written consent.

(e) Entire agreement: Subject to your rights under the Australian Consumer Law, the Terms contain the entire understanding and agreement between you and us in respect of their subject matter.

(f) Amendment: We may, at any time and at our discretion, vary these Terms by publishing varied terms on the Site. Prior to placing an order, we recommend you carefully read the terms that are in effect at that time to ensure you understand and agree to them. For any order that has been accepted by us, the terms and conditions that apply will be the ones that were in effect (and which you agreed to) when you placed your order.

(g) Governing law: These Terms are governed by the laws of Queensland. Each Party irrevocably and unconditionally submits to the exclusive jurisdiction of the courts operating in Queensland and any courts entitled to hear appeals from those courts and waives any right to object to proceedings being brought in those courts. The Site may be accessed in

Australia and overseas. We make no representation that the Site complies with the laws (including intellectual property laws) of any country outside of Australia. If you access the Site from outside Australia, you do so at your own risk and are responsible for complying with the laws in the place you access the Site.

(h) Third party sites: The Site may contain links to websites operated by third parties. Unless we tell you otherwise, we do not control, endorse or approve, and are not responsible for, the content on those websites. We recommend that you make your own investigations with respect to the suitability of those websites. If you purchase goods or services from a third party website linked from the Site, such third party provides the goods and services to you, not us. We may receive a benefit (which may include a referral fee or a commission) should you visit certain third-party websites via a link on the Site (Affiliate Link) or for featuring certain products or services on the Site. We will make it clear by notice to you which (if any) products or services we receive a benefit to feature on the Site, or which (if any) third party links are Affiliate Links.

14 Definitions

(a) Consequential Loss means, whether under statute, contract, equity, tort (including negligence), indemnity or otherwise; any loss or damage that cannot be considered to arise according to the usual course of things from the relevant breach, act or omission, whether or not such loss or damage may reasonably be supposed to have been in the contemplation of the Parties at the time they entered into these Terms as the probably results of the relevant breach, act or omission, and/or, any real or anticipated loss of profit, loss of benefit, loss of revenue, loss of business, loss of goodwill loss of opportunity, loss of savings, loss of reputation, loss of use and/or loss or corruption of data. The Parties agree that your obligation to pay us the Price under these Terms will not constitute “Consequential Loss”.

(b) Liability means any expense, cost, liability, loss, damage, claim, notice, entitlement, investigation, demand, proceeding or judgement (whether under statute, contract, equity, tort (including negligence), indemnity or otherwise), howsoever arising, whether direct or indirect and/or whether present, unascertained, future or contingent and whether involving a third party or a party to these Terms or otherwise.

 

For any questions and notices, please contact us at:

Soda Co Pty Limited trading as Monten Soda (ABN: 14 661 209 767)

Email: hello@montensoda.com.au

Phone: 1300 623 586

2/12 Archimedes St, Darra QLD 4076, Australia

Last updated: 28 November 2023