Terms & Conditions
1.1. WeSend Coffee is an Coffee Supplier that provides coffee subscription services.
1.2. This Agreement sets out the terms and conditions on which WeSend Coffee offers coffee subscription services to our clients (you).
2 THE SERVICES
2.1 You may select a Subscription from our range of services offered to you.
2.2 The Subscription selected by you will be indicated where provided on our Agreement form.
2.3 You may enter into extended or other agreements with WeSend Coffee in writing.
3 SUBSCRIPTION PACKAGES
3.1 The details of the inclusions within each Subscription are set out on our Price List.
3.3 WeSend Coffee may add features to a Subscription without prior notice to you.
3.4 WeSend Coffee may remove features of a Subscription after providing fourteen (14) days written notice to you.
3.5 You are responsible for the accuracy and completeness of all information you have supplied in connection with your subscription(s).
3.6 You can change and update your contact and subscription information via the WeSend Coffee website(s) and the other methods made available to you from time to time by WeSend Coffee.
4 FEES AND CHARGES
4.1 By the Agreement you have undertaken to pay WeSend Coffee’s fees and usage charges as set out on our Price List, for the service selected by you.
4.2 WeSend Coffee will not provide any services pursuant to this Agreement until:-
i. the Agreement has been signed by you and by an authorised representative of WeSend Coffee; and
ii. you have paid to us the applicable establishment fees and “pay in advance” fees.
4.3 WeSend Coffee will not refund the establishment fee or “pay in advance” fees if you:-
i. terminates this Agreement; or
ii. does not use any services paid for by you.
4.4 WeSend Coffee’s fees and charges are set out in our current Price List.
4.5 WeSend Coffee may vary its Price List at any time in accordance with clause 16 of this Agreement.
4.6 Certain fees and charges are payable by you to WeSend Coffee in arrears. These fees and charges are set out in the Price List and include charges for service(s) requested by you.
4.7 WeSend Coffee requires you to correctly describe your business when entering into the Agreement as we charge varying fees to commercial enterprises and non-profit/community organisations.
5.1 WeSend Coffee will issue invoices / statements for all fees and charges that are payable in arrears.
5.2 You agree to pay all invoiced amounts within 7 days of the date of the invoice.
5.3 If you disputes an invoiced amount, you must notify WeSend Coffee in writing within 7 days of the date of the invoice, and the undisputed amount of the invoice must be paid on time.
5.4 WeSend Coffee may charge you an administration fee of $20 if a cheque presented by you is not honored or if an electronic or credit card payment made by you is declined.
5.5 If an amount remains unpaid after the 7th day of each month, you will be required to pay a late fee of $5.50, and the service provided to you may be suspended or terminated if the invoice remains unpaid for 30 days.
5.6 WeSend Coffee’s Automated Billing System may attempt to automatically charge a credit card stored on file if outstanding payments are not paid after 3 consecutive months without notice or warning. If this occurs it is at the discresion of WeSend Coffee as to whether the payment(s), if captured, is refunded to the credit card stored on file.
6 TERM AND TERMINATION
6.1 This Agreement continues in force until terminated by the terms of the Agreement as established at commencement or by such other method as set out in the agreement.
6.2 You may terminate this Agreement at any time by providing to us two weeks written notice.
6.3 WeSend Coffee may terminate this Agreement:
i. by providing two weeks written notice to you;
ii. immediately and without notice, if Customer breaches this Agreement; or
iii. if required by law or court order.
6.4 This Agreement automatically terminates if you provide notice to WeSend Coffee in accordance with clause 16.2.
6.5 Upon termination of this Agreement, you will be provided with a final invoice for services provided to you up to the termination date.
6.6 You agree to pay the final invoice within 14 days of the date the invoice was issued.
6.7 All prior invoices which remain unpaid at the time of termination immediately become due and payable upon termination of this Agreement.
6.8 At the conclusion of the termination date and upon the end of the Agreement with you, WeSend Coffee may delete your contact information from WeSend Coffee’s computer system or prevent you accessing the restricted customer areas on its website(s) from being accessed.
7 REGISTERED USERS
7.1 You may nominate one or more Registered Users to access and change your website and your email service.
7.2 Each Registered User of Customer will:-
i. be a natural person;
ii. be associated with you, for example, as a principal, owner, employee or contractor;
iii. be issued with a User ID and initial password; and
iv. if e-mail is provided by WeSend Coffee as part of the service requested by Customer, an e-mail address and mailbox.
7.3 You and each Registered User are responsible for maintaining the secrecy of passwords issued to you and your users.
7.4 All access to and use of any WeSend Coffee’s service under a User ID and password will be assumed to be access and use by the Registered User to whom the User ID has been allocated.
7.5 You and your Registered Users must not knowingly permit another person to access the WeSend Coffee service provided to you by using a User ID allocated to you or your Registered User.
7.6 You are responsible for all usage fees, and use and misuse of a WeSend Coffee’s service, by any person using a User ID allocated to you or to your Registered User.
8 USE OF WESEND COFFEE’S SERVICES
8.1 You and each of your Registered Users must use WeSend Coffee’s services in a responsible, cooperative and professional manner
8.2 You are responsible for the content contained on the My Account area of our website that has been supplied by you. WeSend Coffee does exercise editorial control over your information as required.
8.3 You are responsible for obtaining and maintaining the equipment and telephone services necessary to access and use any of the WeSend Coffee service and for any telephone charges associated with connecting to any of WeSend Coffee’s services.
8.4 You cannot re-sell, on-sell or on-provide WeSend Coffee’s services to third parties, and specifically you may not “create” another website using information published on the WeSend Coffee website except by written agreement with us.
8.5 We prohibit the following acts (Prohibited Acts):-
i. using a WeSend Coffee service for any illegal purpose;
ii. tampering with, hindering the operation of or making unauthorised modifications to a WeSend Coffee’s service (other than within the normal use and operation of the website);
iii. deleting another’s data from a WeSend Coffee’s service without permission;
iv. knowingly transmitting a computer virus, worm or disabling access to WeSend Coffee services, to another WeSend Coffee customer or via a WeSend Coffee service;
v. using a WeSend Coffee service to access another’s computer system without permission;
vi. using a WeSend Coffee service to publish, transmit or store any communication or data that is defamatory, obscene, sexually explicit, abusive or violates any federal, state or local law or regulation;
vii. use a WeSend Coffee service to conduct or promote a business that is illegal;
viii. using a WeSend Coffee service to copy, store, distribute or transmit any work in violation of another’s copyright, trade mark or moral rights;
ix. using a WeSend Coffee service to host a website for a third party;
x. using a WeSend Coffee service to spam another or to send bulk email;
xi. using another’s User ID or password to access a WeSend Coffee’s service without permission; and
xii. while using a WeSend Coffee service, impersonating another person or entity.
8.6 An attempt to do a Prohibited Act is a Prohibited Act.
8.7 Knowingly permitting another to do a Prohibited Act is a Prohibited Act.
8.8 You must not do any Prohibited Acts.
8.9 You must instruct all of your Registered Users that they must not do any Prohibited Acts.
8.10 You are solely responsible for any Registered Users (or any person using the User ID allocated to a Registered User of Customer) who does any Prohibited Act.
8.11 You and each Registered User agree to notify WeSend Coffee if Customer or the Registered User becomes aware that another person has obtained unauthorised access to a Registered User’s password, or if there is a threat to the security or proper operation of a WeSend Coffee’s service.
9 SUSPENSION AND CANCELLATION OF SERVICE
9.1 You may cancel a Subscription by notifying WeSend Coffee in writing or using your online control panel.
9.2 Without limiting WeSend Coffee’s right to terminate under clause 6.3, WeSend Coffee may suspend or cancel a WeSend Coffee service, delete the Customer’s data from WeSend Coffee’s computer system, or prevent access to WeSend Coffee’s website, if:
i. there is an emergency;
ii. you do not pay an invoice on time;
iii. you become bankrupt, insolvent or a receiver, manager or liquidator is appointed;
iv. you or a Registered User’s use of a WeSend Coffee’s service interferes with the proper operation of WeSend Coffee;
v. you breach this Agreement;
vi. WeSend Coffee believes (whether this belief is reasonable or not) you or a Registered User have performed or are attempting to perform a Prohibited Act;
vii. WeSend Coffee believes (whether this belief is reasonable or not) that your are publishing information which is defamatory, or may involve WeSend Coffee in a legal dispute;
viii. You bring legal action against WeSend Coffee;
ix. Your level of use of a WeSend Coffee service is significantly greater than normal; or
x. required to do so by law or a court order.
9.3 WeSend Coffee may temporarily suspend a WeSend Coffee service if necessary or as required whether it be a legal requirement or other scenario where it needs to take such actions.
9.4 Before suspending a service WeSend Coffee will attempt to give you prior notice of the suspension and will attempt to minimise inconvenience to you.
10.1 WeSend Coffee and its respective suppliers retain ownership of all information and data provided by WeSend Coffee to you, including all intellectual property rights therein.
10.2 You warrant that your contact details does not and will not contain errors.
10.3 Without limiting clause 13.1, you indemnify, will defend and hold WeSend Coffee harmless from any claim, action, loss, damage, expense, or cost (including all legal costs and fees) arising out of or resulting from any claimed or requested action made by yourself or other entities presenting themselves as authorities on your account.
11 ADDRESSES AND DOMAIN NAMES
11.1 Each WeSend Coffee e-mail address or WeSend Coffee web address (sub-domain) allocated by WeSend Coffee to you or selected by you remains the property of WeSend Coffee.
11.2 You obtain no ownership rights or goodwill in any WeSend Coffee e-mail address or WeSend Coffee web address (sub-domain) allocated by WeSend Coffee to you.
11.3 WeSend Coffee may require a you to change a WeSend Coffee’s e-mail or web address selected by you.
11.4 Subject to technical limitations, use of a WeSend Coffee e-mail address may be transferred to another client on receipt of your written consent.
12 LIMITATION OF LIABILITY
12.1 This clause limits WeSend Coffee’s liability in relation to this Agreement. Please read it carefully.
12.2 To the maximum extent permitted by law, and at WeSend Coffee’s option, you agree to limit WeSend Coffee’s liability as the service provider to you and under this Agreement to you limited liability:
i. resupplying the service; or
ii. paying for the resupply of the service.
12.3 To the maximum extent permitted by law, WeSend Coffee is not liable to you or any Registered User:
i. for any act or omission which WeSend Coffee does or fails to do in relation to this Agreement; and
ii. for any loss or damage, whether direct or indirect or consequential, including time, money, good will, lost profits, damage to or loss of data, or damage to hardware or software, which may arise from the use, operation, maintenance or failed use of a WeSend Coffee’s service or which may arise from delays, defects, errors, omissions or interruptions in a WeSend Coffee service.
12.4 WeSend Coffee does not warrant the quality, accuracy or fitness for any particular purpose of a WeSend Coffee service.
12.5 Due to technology, WeSend Coffee does not warrant that you will have access 100% of the time to your account details will be accessible at all times or that any WeSend Coffee website will be uninterrupted or error free.
12.6 You are responsible for:-
i. the creation and modification of your subscription(s).
ii. all approvals, consents and permissions necessary in relation to your subscription.
12.7 You acknowledge that WeSend Coffee services are provided in part using third party services and products.
12.8 You acknowledge that by WeSend Coffee’s use of such third party services or products, if the service is restricted or interrupted, then the interruption may effect the provision of the WeSend Coffee’s services to you.
12.9 WeSend Coffee’s is not liable to you for any service interruptions cause by third party service or product providers.
13.1 You indemnify, and forever hold WeSend Coffee harmless from any claim, action, loss, damage, expense, or cost (including all legal costs and fees) arising out of or resulting from:
i. any action of, representation made by, or conduct of you and your Registered Users;
ii. the storage, transmission, display, operation, failed operation or publication of the WeSend Coffee website, including the content and information provided on the WeSend Coffee website;
iii. any breach of this Agreement by you;
iv. any Prohibited Acts by you or your Registered Users; or
v. access to or use of a WeSend Coffee’s service by you or your Registered Users.
vi. in the event of disaster or other acts of god where product delivery is not possible.
14.1 The current version of this Agreement and associated Price Lists are available on-line at our hosting home page
14.2.1 WeSend Coffee may vary the terms of this Agreement by written notice to you.
14.3 If you object to the change in terms, you must notify WeSend Coffee in writing within 7 days of the change in terms, and cease using all services provided under this Agreement.
14.3 If WeSend Coffee changes the Price List for any Subscription service not used by you or if the change will not effect you, WeSend Coffee may not notify you.
15.1 Written notice may be given by WeSend Coffee to you by:
i. mail to your address recorded on the Agreement Form;
ii. by email to your email address recorded on the Agreement Form; or
iii. by fax to your fax number recorded on the Agreement Form;
iv. by publishing changes on a website owned by WeSend Coffee.
15.2 You may must report any change to your address, email or fax number by providing written notice to WeSend Coffee within 7 days of any change.
15.3 Any written notice delivered to you by WeSend Coffee via e-mail will be sent to you firstname.lastname@example.org
16 TAXES AND GST
16.1 You must pay any GST payable on the supply of WeSend Coffee services.
16.2 You must pay to WeSend Coffee any additional amount which WeSend Coffee determines represents any GST payable by WeSend Coffee for which WeSend Coffee is not entitled to an input tax credit.
16.2 “GST” means any goods and services tax or any similar tax which may be imposed in Australia and have application to the supply of WeSend Coffee services
16.3 If GST is payable, it will be calculated by multiplying the amount payable for this supply by the prevailing GST rate.
16.4 All of WeSend Coffee plan prices referred to on the Price List and on our invoices are marked GST inclusive where required.
17.1 WeSend Coffee is not liable for any failure to comply with this Agreement if that failure is caused by an act beyond WeSend Coffee’s reasonable control.
17.2 You may not transfer or assign this Agreement or any service provided under this Agreement without WeSend Coffee’s prior written consent
17.3 WeSend Coffee may assign this Agreement to a third party without your consent.
17.3 The cancellation or suspension of the subscriptions does not effect the provisions of this Agreement regarding limitation of liability and indemnity.
17.4 You may not set-off any claim against amounts payable to WeSend Coffee.
17.5 WeSend Coffee may, but is under no obligation to, guarantee delivery of your subscription to ensure compliance with this Agreement and for any other reason considered appropriate by WeSend Coffee.
17.6 You expressly permits and authorizes WeSend Coffee to furnish to you electronically or by any other means selected, information prepared by WeSend Coffee or by (or on behalf of) other entities, including advertising information and solicitations.
17.7 No terms are implied into this Agreement. The only warranties and representations made by WeSend Coffee are those set out in this Agreement.
17.8 WeSend Coffee is willing to enter into this Agreement only if you accept all the terms of this Agreement.
17.9 If there is an express inconsistency between this document and a Schedule or Price List, then the Schedule or Price List will prevail.
17.10 The law in force in Queensland governs this agreement and the transactions contemplated by this agreement.
17.11 WeSend Coffee is a Service of WeSend – ABN: 49 813 446 471
18.1 Some of the terms used in this Agreement are defined in the Agreement Form at the front of this Agreement. The following additional terms are defined:
ii. “Your website” is the website hosted by WeSend Coffee pursuant to this Agreement, and includes all data and programs stored by you on WeSend Coffee’s computer system.
iii. “WeSend Coffee service” is a service provided by WeSend Coffee to you in accordance with this Agreement.
iv. “Price List” is the current price list or lists published by WeSend Coffee on its website for the services provided by WeSend Coffee.
v. “Registered User” is a person nominated in accordance with clause 9.1.