Terms & Conditions

GENERAL TERMS AND CONDITIONS

0. APPLICATION OF TERMS & CONDITIONS OF SALE

0.1 The following terms and conditions shall govern the order by Client (as defined hereunder) and the sale by blendm8 ("blendm8" or "Seller") of any product made available by blendm8 (hereby collectively called the “Product”). Certain additional terms may accompany the Product and shall apply but in case of conflict the following Terms and Conditions shall prevail. 

0.2 By ordering the Product, whether by placing an order by phone, on the blendm8 website (www.blendm8.com.au), in person or by any other mean, Client agrees that these Terms and Conditions of Sale (referred to as the “Terms and Conditions”) shall govern the contract between Oatbox and the Client and supersedes any other terms and conditions that may be provided by the Client. Blendm8’s failure to object to provisions contained in any communication from the Client shall not be deemed a waiver of the Terms and Conditions. 

0.3 “Client” means any person or entity ordering products from blendm8. 

0.4 These Terms and Conditions of Sale supersede any pre-printed terms on Client's orders and any previous written or oral communications or representations by either party related to the Product or the terms and conditions and may not be amended by Client without prior written consent of blendm8.

1. ACCOUNTS

1.1 Account Creation. In order to use certain features of the website (e.g., to use the Services), you must create an account with blendm8 (“blendm8 Account”) and provide certain information about yourself as requested on the Site registration form.  You represent and warrant that: (a) all required registration information you submit is complete, truthful and accurate; (b) you will maintain the accuracy of such information as such may change from time to time. You may delete your blendm8 Account at any time, for any reason, by following the instructions on the Site. 

1.2 Account Responsibilities.  You are responsible for maintaining the confidentiality of your blendm8 Account login information and are fully responsible for all activities that occur under your blendm8 Account.  You agree to immediately notify blendm8 of any unauthorized use, or suspected unauthorized use of your blendm8 Account or any other breach of security.  blendm8 cannot and will not be liable for any unauthorized use of your blendm8 account or loss or damage arising from your failure to comply with the above requirements.

1.3 As a member of blendm8, you agree to receive newsletters and promotional emails including third party offers.

2. BILLING, ORDERS & CREDIT CARD INFORMATION

2.1 Any order, to be valid, needs to be accompanied by a valid payment of the total sum of the value of the Product and shall be made by a pre-arranged method of payment acceptable to blendm8, whether such order is made online on blendm8’s website (www. blendm8.com) or by phone.

2.2 blendm8 reserves its rights to cancel the order at its sole discretion by reimbursing the sums paid by the Client. blendm8 shall not otherwise be liable to the Client for cancellation of such orders.

2.3 When you place your first order, we will save your credit card information for use on all future billings. Any automatic billing and/or charges, as per the membership rules described upon sign-up, will be automatically applied to your saved credit card unless you notify us in advance by emailing us at info@ blendm8.com.au. We accept Visa, Mastercard and PayPal as forms of payment. If your payment method reaches its expiration date and you do not edit your credit card information or cancel your account, you authorize us to continue billing that credit card on file including extending the expiration date until we are notified by you or the credit card company that the account is no longer valid. We encourage you to constantly update your payment method information or cancel your account should you wish to discontinue your membership with us.

2.4 If you choose to cancel your service, you must notify blendm8 at least 5 days before your next billing date.

2.5 All items purchased from blendm8 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.

3. EXPEDITION

3.1 All shipping fees are included in the subscription price you see on www. blendm8.com. Orders will be packaged and delivered on weekdays (Monday to Friday). Blendm8 will ship to any address in Australia unless it is commercially unfeasible. Blendm8 reserves the right to refuse or cancel orders where blendm8 has no commercially reasonable shipping option, and blendm8 shall not be liable to the Client for cancellation of such orders. In such a case, blendm8will reimburse the sums already paid by the Client. If an ordered item is damaged during shipping, is incorrect, or missing, you must immediately contact blendm8. To contact us, write to info@ blendm8.com.au

4. REFUNDS / RETURNS

4.1 All sales on comestible items “food” are final and are not eligible for returns.

5. SECURITY

Blendm8 works to protect your personal information during transactions using a secure system. Blendm8 employees do not have access to your credit card information because they are encrypted the moment a transaction is completed. Only the company managing transactions with which blendm8 is doing business receives this encrypted information. Other personal information collected by blendm8is used to ship your order, to contact you in case of need, or to let you know about all the opportunities blendm8 has to offer. You may, at any time, ask that your information be removed from our database.

6. INDEMNIFICATION

You agree to indemnify, defend, and hold blendm8 harmless and its officers, directors, employees, agents, investors, and suppliers (collectively the "Service Providers") against all losses, expenses, damages, and costs, including reasonable attorneys' fees resulting from any violation of these general terms and conditions or any activity related to your account (negligent or wrongful actions included) by you or any other person accessing the website using your Internet account.

7. THIRD PARTY

In order to provide added value to our users, blendm8 can affiliate itself to websites operated by third parties. However, even if the third party is affiliated, blendm8 has no control over these linked sites, which have different private data collection methods unrelated to blendm8. These linked websites are for your convenience only and are therefore accessed at your own risk.

8. ACT OF GOD

For all purposes hereof, force majeure includes any act of God, war, mobilization, governmental regulation, strike, lockout, drought, flood, total or partial fire, obstruction of navigation, loss, damage or detention in transit, defective materials or delays by shippers, or other contingences or causes beyond Seller's control which might prevent the manufacture, shipment or delivery of Goods covered hereby. Performance of Seller's obligations may be suspended pending force majeure, without Seller being responsible to Client for any damages or losses resulting from such suspension.

9. ARBITRATION, GOVERNING LAW & JURISDICTION

These Terms and Conditions shall be strictly and exclusively construed in accordance with the laws of Australia applicable therein without regard to principles of conflict of law. Without limiting the foregoing, Client irrevocably and unconditionally agrees that any suit, action, or other legal proceeding arising out of or relating to these Terms and Conditions or any transaction hereunder must be decided by binding arbitration in accordance with the Rules of the Australian legal system and any such arbitration proceedings shall be brought and held in Victoria, Australia. The decisions of the arbitrators shall be binding and conclusive upon all parties involved and judgment upon any award of the arbitrators may be entered by any court having competent jurisdiction. This provision shall be specifically enforceable in any court of competent jurisdiction. 

In case arbitration shall be impracticable then any suit, action, or other legal proceeding arising out of or relating to these Terms and Conditions or any transaction hereunder must brought to the tribunals of Victoria, Client consents to the exclusive jurisdiction of such court in any such suit, action or proceeding; Client waives any objection to the laying of the venue of any such suit, action or proceeding in any such courts; and Client waives any right that it may have to assert the defense of forum non-convenience in any such suit, action or proceeding.

10. NO ASSIGNMENT

Client may not assign its rights or obligations under this Agreement without the express written consent of blendm8.

11. SEVERABILITY

If any provision or provisions of these Terms and Conditions were held to be invalid, illegal or unenforceable, such provision shall be enforced to the fullest extent permitted by applicable law, and the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired thereby.

12. LANGUAGE

The Parties hereto have expressly required that these Terms and Conditions be drafted in English only.

13. INTELLECTUAL PROPERTY

13.1 Client agrees that any invention, patent, industrial design, copyrightable document or object as well as any technical, scientific, marketing or commercial know-how or trade secret relating to the Product, including but not limited to any inventions, patents, copyright and industrial design (hereinafter described as the "Industrial Property") is the exclusive property of blendm8. 



13.2 Client recognises and acknowledges that all the trademarks applied on or otherwise used in relation to the Product, whether registered or not (the “Trademarks”), are the exclusive properties of blendm8. 



13.3 Client will not take any action which might invalidate any such Trademark or any registration thereof, impair any rights of blendm8 or create any rights adverse to those of blendm8. Without limiting the foregoing, Client shall not, during the course of this Agreement and thereafter, adopt, use, register or seek to register in any class in any country or territory, any trademark, which includes or is confusingly similar to any of the Trademarks.