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Terms and Conditions

These terms and conditions are current at 10 May 2024.

These terms and conditions are important and we encourage you to read them in their entirety before using this Site. There are some specific terms that we want you to be particularly aware of:

  • Site content: Except as required by law, we do not warrant, and are not responsible or liable for, any liabilities in connection with errors in, or omissions from, the information contained in this Site.
  • Site availability: We may stop making the Site (or any part of it) available without prior notice). We are not responsible or liable for any liabilities in connection with access to the Site and/or use of any elements or information contained in the Site.
  • Cancellations by us: We may cancel or reject all or any part of an order that you have placed on the Site for certain reasons without liability to you (such as where a product is not available).
  • Our liability (General): Except as required by law, we will not be liable for:
    • any indirect or consequential loss in connection with the Site; or
    • any loss or damage of any kind incurred by you in connection with your access to and use of the Site and its contents.

1. General
1.1 This website at www.staunchcrab.com (the “Site”) is owned and operated by STAUNCH CO. PTY LTD (ABN 11 631 668 249) (“us”, “we” or “our”).
1.2 Please read these terms and conditions before accessing or using the Site. If you are under 18 years of age, then you must obtain your parent or guardian’s consent before accessing and using the Site.
1.3 Your access to and use of the Site, including your order of products through the Site, is subject to these terms and conditions. By accessing, interacting with, browsing or using the Site, you agree to bound by, and comply with, these terms and conditions.

2. Registration
2.1 If you are not a registered member of STAUNCH CO, you will need to register an account via the Site or select “Checkout as Guest”
2.2 If you transact by selecting “Checkout as Guest”:
(a) you will be asked to provide certain information (such as your name, address, phone number, email address and billing details). You agree to provide us with current, complete and accurate information; and
(b) the resulting transaction may be linked to any current or future active registered account for the Site that is registered under the email address you provided during the check out process and any relevant terms will apply (including clauses 2.3 to 2.5 and 9.2 below).
2.3 If you transact via a registered account:
(a) you will need to register an account via the Site. To do this, you will be asked to provide certain information (such as your name, phone number and email address) and create a password. You will also be asked to verify your details via a confirmation email.

2.4 You may only have one active registered account and your account is non-transferable. You may update or edit your account details at any time through the Site. You may also terminate your account at any time by contacting us. We may ask you to provide certain information (such as your name, phone number and email address) in order to verify your identity prior to termination. An account which has been terminated is no longer “active”. Terminated accounts cannot be re-activated.
2.5 If you transact via a registered account, you will be responsible and liable for any use of this Site by any person using your registered account. You are responsible for keeping your registered account details (including your password) safe and secure, so that they cannot be used without your permission. You agree that we may charge you for all products that have been ordered and accepted via your registered account.

3. Placing an order
3.1 You can order products through the Site in accordance with these terms and conditions.
3.2 Any order placed through this Site for a product is an offer by you to purchase the particular product for the price notified (including the delivery and other charges and taxes) at the time you place the order.
3.3 We may ask you to provide additional details or require you to confirm your details (including your name, shipping address and billing address) to enable us to process any orders placed through the Site. You agree to provide us with current, complete and accurate information.

4. Acceptance or rejection of an order
4.1 If your order is accepted, you will receive an email confirmation from us.
4.2 We reserve the right to accept or reject whole or part your order for any reason (including if we determine your order is for a commercial purpose), acting reasonably. If we reject an order placed through the Site, we will endeavour to notify you of that rejection at the time you place the order or within a reasonable time after you submit your order.
4.3 We may, from time to time, restrict the quantity of products ordered through the Site by a person, household or address during a particular time.
4.4 Each accepted order creates a separate binding agreement between you and us for the supply of the products in that order.

5. Cancellation of an order
5.1 Prior to the dispatch of an accepted order, we may cancel all or any part of that order without any liability to you, if:
(a) the requested products are not available; or
(b) there is an error in the price or the description posted on the Site in relation to a product; or
(c) the order has been placed in breach of these terms and conditions.
5.2 We will endeavour to provide you with reasonable notice of any cancellation by us. We will not charge you for the cancelled order.
5.3 Prior to the [dispatch] of an accepted order, you may cancel all or any part of that order by contacting us. We may ask you to provide certain information (such as your name, phone number and email address) in order to verify your identity prior to cancelling the order. You must provide us with notice of cancellation (including the reason for the cancellation).
5.4 You cannot cancel all or any part of an order once it has been [dispatched] by us.

6. Delivery
6.1 We currently deliver orders to Australian addresses only.
6.2 Certain products (such as age-restricted products or products which are categorised as “dangerous goods”) are not available for delivery and can only be collected in a store. This information will be displayed on the relevant product page on the website. We reserve the right in our absolute discretion to notify you of any product which is not available for delivery.
6.3 Delivery time is subject to stock availability and order size. 

7. Returns
Our Returns Policy applies to all orders placed via the Site and is incorporated into these terms and conditions by reference.

8. Prices, Fees and Charges
8.1 Our Site displays current pricing for products, delivery fees and other charges. You should be aware that the price for a product on the Site may be different from stores that supply the same product.
8.2 The delivery fee will be displayed at the time you provide the delivery address for the relevant order and may vary depending on the location of delivery and the delivery method that you select.
8.3 All prices shown on this Site are in Australian Dollars (AUD).
8.4 When you order a product via the Site, you agree to pay us the following fees and charges if we accept your order:
(a) the purchase price of the product;
(b) the delivery fee for the product; and
(c) if applicable, any other fees and charges set out in these terms and conditions.
8.5 We will notify you if any additional delivery fees and freight charges are applicable before you finalise your order. You may incur additional delivery fees or freight charges (in excess of the fees and charges specified above) for:
a) special, non-stock or bespoke items;
(b) heavy, bulky or awkward items;
(c) express or urgent deliveries; or
(d) bulk or large quantity orders.
8.6 Unless otherwise indicated, prices for products and all fees and charges displayed on the Site are inclusive of GST.

9. Marketing communications
9.1 When you order a product via the Site, you agree to us:
(a) communicating with you, via various channels and media (including email, SMS, phone, app notifications and by advertising on certain websites and social media);
(b) sending you product review emails. You acknowledge and agree you can opt out of receiving product review emails by clicking the unsubscribe link in the footer of those emails; and
(c) sending certain transactional messages to you related to your order (including tracking emails and other important information relating to the products and services you ordered (like health and safety recall notices)). You agree that transactional messages will not contain an unsubscribe link. If you do not wish to receive such transactional messages, you may contact us and request to not receive transactional messages.
You agree that if you unsubscribe from one type of communication (ie product review emails) you will continue to receive other types of communications. For example, if you unsubscribe from product review emails you will continue to receive transactional messages, unless you have separately requested to not receive them.

10. Your Obligations
You acknowledge and agree that:
10.1 all information and data provided by you through, or in connection with your use of, the Site is true, accurate, complete and up to date;
10.2 you will comply with all relevant laws and any reasonable instructions we give you relating to your use of the Site and your placement of any order to us;
10.3 you will promptly notify us if you suspect or become aware that there is or has been an unauthorised use of your account, or any other security breach relating to your account, and you will take immediate steps to re-secure your account (including by changing your password);
10.4 you will check the labels on products before consumption or use;
10.5 you will not:
(a) use the Site for any activities that breach any laws, infringe our intellectual property or a third party’s rights, or are contrary to any relevant standards or codes;
(b) use the Site in a manner or way which interferes with other users of the Site or our other customers, or defames, harasses, threatens, menaces or offends any person or which prevents any other person from using or enjoying the Site;
(c) make fraudulent or speculative enquiries, purchases or requests through the Site;
(d) create accounts by automated means, use another person’s details without their permission, or impersonate another person when using the Site;
(e) do anything that interferes with or adversely affects the normal operation of the Site (including the ability of others to access and use the Site);
(f) knowingly transmit any viruses, worms, defects, trojan horses or similar disabling or malicious code to the Site;
(g) use any robot, spider, site search and retrieval application or other mechanism to retrieve or index any portion of the Site; or
(h) use the Site other than in accordance with these terms and conditions.

11. Intellectual Property
11.1 We own or have rights to the Site, including but not limited to, the software, and any data, compilations, images, photography, graphics, artwork, text and other material used on the Site, including the intellectual property rights therein.
11.2 Unless permitted by law, you must not decompile, modify, reverse engineer, or create derivative works of any part of the Site.
11.3 must not:
(a) use our trade marks, name or branding without our prior express written permission; or
(b) remove any copyright, trade mark or other proprietary rights notices contained in or on the Site and any content therein.

12. Feedback
12.1 We welcome your feedback, suggestions and recommendations about this Site or the products.
12.2 You acknowledge and agree we will treat any feedback that you provide (including any photographs or footage of products) as non-confidential.
12.3 You grant us a perpetual, royalty free and non-exclusive right to use, transmit, transfer, store, copy and display (without attribution or compensation to you) any feedback (including any photographs or footage of products) that you provide to us (including in any marketing materials or on our social media accounts) without further notice to you.
12.4 You must ensure that any public review of a product that you provide via the Site, does not include references to our competitors, contain profanities or information that would enable the identification of you or any other person.

13. Privacy and your personal information
Please see our Privacy Policy for details on how we collect and handle your personal information. By accessing, and using the Site (including by providing your personal information), you acknowledge that we and/or our related bodies corporate may use and disclose your personal information in accordance with our Privacy Policy.

14. Availability and security
14.1 We will use reasonable skill and care in operating the Site, however, we do not guarantee uninterrupted access to the Site or the security of the Site or claim that any information obtained via the Site is free from viruses, faults or defects.
14.2 You are responsible for ensuring the security of the systems and devices that you use to access the Site, including through the use of appropriate virus-checking and security software.

15. Links
The Site may contain links to external websites, plug-ins, applications and other resources that are not operated or controlled by us or our related bodies corporate. Such links are provided for your convenience only and you agree that:
15.1 we make no representations or warranties or have any responsibility or liability for those external websites;
15.2 these links do not indicate, expressly or impliedly, that we endorse the external website or the goods, products or services that are provided at those external websites; and
15.3 you access and use the goods, products and services made available at those external websites solely at your own risk.

16. “Do-it-yourself” and “how-to” content
16.1 The Site contains explanatory materials, such as photographs, film or text transcripts, designed to help you better understand an activity or process.
16.2 You must assume responsibility for your own safety. You agree not to attempt to replicate any activities shown on this Site (including in any video clips and photographs) unless you have:
(a) checked the service information and specification for the specific product that you are using, as the correct method may be different to any generic example shown in this Site;
(b) obtained advice, training or instruction from the relevant qualified experts, tradespeople or professionals;
(c) complied with all applicable laws, regulations and by-laws; and
(d) employed safe practices for carrying out the activities.

17. Termination or suspension
17.1 We may immediately suspend or terminate your access to and use of the Site and (where relevant) your account if:
(a) there is an emergency;
(b) we reasonably suspect that you have committed a fraudulent act; or
(c) you have breached these terms and conditions and the breach cannot be remedied or you fail to the remedy the breach within 10 days of our notice to you of that breach.
17.2 We may stop making the Site (or any part of it) available without prior notice. This will not affect any existing orders unless the relevant product is no longer available or we are prevented from supplying the relevant product, in which case, we will notify you and arrange for reimbursement of valid payments.

18. Limitation of liability
18.1 While we will use reasonable care and skill in operating the Site, we cannot promise that the Site will always be available or completely free of faults or errors.
18.2 To the maximum extent permitted by law, except as expressly set out in these terms and conditions, we:
(a) make no representations or warranties, whether express or implied, in relation to the Site and any advice or information that is provided to you via the Site; and
(b) exclude any liability (whether in contract, tort (including negligence), or otherwise) for any indirect or consequential loss, damage or expense incurred by you or any other user or person in connection with Site.
18.3 To the extent we are unable by law to exclude any implied condition, representation, warranty or statutory guarantee in relation to the provision of the Site or the products and the supply of the Site or a product is not of a kind ordinarily acquired for personal, domestic or household use or consumption, we limit our liability (at our option) to the re-supply of the Site or the products (as applicable), or payment for such re-supply.
18.4 To the extent permitted by law, our liability to you for loss or damage of any kind arising out of these terms and conditions is reduced to the extent that you caused or contributed to the loss or damage.

19. Changes to these terms and conditions
19.1 Subject to clause 19.2, we may change these terms and conditions at any time on notice to you and such amendments will be effective as soon as they are posted. By continuing to use the Site after these terms and conditions have been amended, you agree to be bound by the changes.
19.2 Where an order has been accepted by us, the terms and conditions that applied when the order was placed will continue to apply to that order.
19.3 We encourage you to periodically review these terms and conditions, so you remain informed about the terms that govern the use of the Site.

20. Force majeure
To the extent permitted by law, we will not be liable, nor be in default under these terms and conditions, for any failure to observe or perform any of our obligations under these terms and conditions for any reason or cause which could not, with reasonable diligence, be controlled or prevented by us. These causes include acts of God, acts of nature, acts or omissions of government or their agencies, strikes or other industrial action, fire, flood, storm, riots, power shortages or failures, sudden and unexpected system failure or disruption by war or sabotage, and other acts or omissions of third parties.

21. Severability
Each of these terms and conditions is separately binding. If the whole or any part of a provision of these terms and conditions is void, unenforceable or illegal in a jurisdiction it is severed for that jurisdiction. The remainder of the terms and conditions has full force and effect and the validity or enforceability of that provision in any other jurisdiction is not affected. This clause has no effect if the severance alters the basic nature of these terms and conditions or is contrary to public policy.

22. Governing law
These terms and conditions are governed by the laws of Queensland, Australia and are to be construed and enforced in accordance with those laws. Each party submits to the non-exclusive jurisdiction of Queensland courts.

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