The Legal Stuff

Terms and conditions

Flowstate Coffee order terms & conditions

Legal Terms

These T&Cs are a legal contract between Flow State Coffee Pty Ltd (ACN 638 171 83) (“Us” or “We”) and you.

Is Flowstate Coffee for you?

Flowstate Coffee is suitable for men and women. You should not use the Flowstate Coffee if you are:

• under 18 years of age;
• pregnant;
• breastfeeding;
• suffering from a serious medical condition.

Using Flowstate Coffee

1. Follow the instructions in our sachets. It has important information about how to prepare and drink our coffee.
2. Flowstate coffee is not a food-substitute.
3. You should also eat a healthy balanced diet while drinking Flowstate.
4. You need to drink plenty of water while drinking any coffee product, because coffee has a mild dehydrating effect.

What we will supply to you

Upon receiving your payment we will send you the number of Flowstate coffee boxes that you have ordered.
Each Box contains 25 individual sachets.

Legals

1. You will not hold Us liable, and indemnify us from any loss, cost or damage arising from any claim, in relation to any injury or damage suffered by you or any person receiving the Coffee from you, arising from using the Coffee contrary to our directionsL
• on the Coffee packaging (sachets)
2. When you order a Flowstate Coffee box, we will deal with your personal information in accordance with our privacy policy
3. Your use of the Flow state Coffee website (www.flowstatecoffee.co) is subject to the website’s terms of service. You agree that the terms of service form a contract between you and Us each time that you access the Flow state Coffee website.
4. These T&Cs are subject to the law of New South Wales, Australia. If a dispute arises then you will endeavour to resolve this matter by negotiation with Us first. If ou bring any legal claim against Us then you must do so before the courts or tribunals of New South Wales, Australia, or the New South Wales registry of Australian federal courts. We may bring any claim against you in either New South Wales or in the jurisdiction where you are located.

Terms of Service

Important These Terms of Service constitute a legally binding contract between you and us.

Definitions

In this Agreement, unless stated otherwise:

• "Agreement" means this Agreement including the schedules thereto.
• "Business Day" means any day other than a Saturday, Sunday, or a public holiday in the “metropolitan municipal district” under the Public Holidays Act 1993 (NSW).
• "Business Hours" means the hours of 8.30 am to 5.30 pm Sydney, Australia time on a Business Day.
• "Force Majeure" means any event or condition not existing at the date of this Agreement, not reasonably foreseeable as of such date and not reasonably within the control of any party, which prevents in whole or in material part the performance by one of the parties of its obligations hereunder or which renders the performance of such obligations so difficult or costly as to make such performance commercially unreasonable. This includes, but is not limited to, war or warlike conditions, riot, civil commotion, terrorism, mobilization, insurrections, import or export bans, blockades, embargoes, reductions in working hours, strike, lockout, labor conflicts, natural catastrophes, earthquakes, storms, floods, fires, and epidemics.
• "Government Authority" means any governmental, semi-governmental, or local government authority, administrative or judicial body, tribunal or court, department, commission, public authority, Minister, statutory corporation, authority, or instrumentality.
• "Indemnified Persons" means Us, Our Related Entities, and their officers, employees, and contractors.
• "Intellectual Property" means all current and future registered and unregistered trademarks, trade names, business names, service marks, domain names, patents, inventions, processes, technical know-how, slogans, logos, emblems, registered and unregistered designs, copyright, and other intellectual property rights.
• "Material Adverse Effect" means a material adverse effect upon either the ability of the party to perform its obligations under this Agreement or the rights of the party upon or in relation to this Agreement.
• "Related Entity" means a related entity as defined by the Corporations Act 2001 (Cth).
• "Website" means Our website at https://www.flowstatecoffee.co.

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Interpretation

For the purposes of this Agreement:

• Words importing the singular include the plural and vice versa.
• Headings and subheadings are for convenience only and will not interpret the text.
• Words denoting a natural person include corporations and vice versa.
• "Including" and similar words are not words of limitation.
• Words importing gender include every gender.
• References to documents include those amended, consolidated, or supplemented.
• References to parties include their successors, assignors, executors, and administrators.
• Monetary amounts refer to the lawful currency of Australia, unless otherwise stated.
• Legislation references include modifications, re-enactments, or substitutions.
• Actions due on non-Business Days are postponed to the next Business Day.

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Overview and Scope of Services

Welcome to Flowstate Coffee Pty Ltd. Our website is operated by Flowstate Coffee and offers a wide range of services and products focused on coffee, including retail, information, and more. By using our website, you engage with us in various ways such as browsing, purchasing, and accessing content.
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Acceptance of Terms and Conditions

By using our site or making a purchase, you agree to be bound by these Terms of Service, applicable to all site users including browsers, customers, and content contributors.
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Purchases
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• Correct Information: Provide accurate personal information for orders.
• Orders: We endeavor to deliver within indicated timeframes. Delay notifications will be communicated via email. You are responsible for providing the correct shipping address and ensuring receipt.
• Risk and Property: Risk in goods transfers to you upon shipment. In case of refunds for undelivered orders, the property reverts to us.
• Our Discretion to Sell: We reserve the right to determine whom we sell to, the terms of sale, and shipping destinations. Orders may be canceled for false information or payment irregularities, with a full refund being your sole remedy.
• Shipping Outside Australia: Check legalities of importation and possession in your country. You are responsible for import charges and compliance with local laws.

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Responsibility for Content and Information Accuracy

We strive to provide accurate, complete, and current information on our site. However, we do not warrant the reliability or timeliness of any information provided. This site's content is for general information only and should not be the sole basis for decision-making. Reliance on the material of this site is at your own risk. Historical information provided is for reference only.

Modifications to the Service and Prices

We reserve the right to modify or discontinue our services and products without notice. This includes changing prices, suspending, or discontinuing any aspect of our service. We are not liable for any modification, price change, suspension, or discontinuance of the service.

Product or Service Limitations

Products or services available exclusively online through our website may have limited quantities and are subject to return or exchange only according to our Return Policy. We attempt to display product colors and images as accurately as possible, but we cannot guarantee that your computer monitor's display will be accurate. We reserve the right to limit sales of our products or services to any person, geographic region, or jurisdiction, and to limit the quantities of any products or services we offer. All descriptions of products or product pricing are subject to change at any time without notice. We reserve the right to discontinue any product at any time.

Guarantees, Representations, and Liability

We are bound by the statutory guarantees under the Australian Consumer Law. Apart from these statutory guarantees, we provide no other guarantees or warranties in relation to our products or services. We make no specific representations about the benefits or effects of our products except as expressly stated on our website or packaging. Our liability in relation to your orders is limited as detailed in these terms. We are not liable for any defects or damages caused by misuse, abuse, neglect, or accidents.

Use of the Website and Prohibited Uses

The website is provided for lawful purposes only. Prohibited uses include, but are not limited to, using the site for unlawful purposes, soliciting others to perform unlawful acts, violating international, federal, or local regulations, infringing upon our intellectual property rights or the rights of others, harassing or abusing others, submitting false or misleading information, uploading harmful code, and interfering with the site's security features. Violation of these prohibitions may result in termination of your access to the website.

Force Majeure

We are not liable for any failure to perform due to circumstances beyond our control, including natural disasters, governmental actions, war, civil disturbance, labor issues, and other force majeure events. We will endeavor to mitigate the effects of such events and notify you of any significant impacts.

Applicable Law and Disputes

This Agreement and any disputes arising from it are governed by the laws of New South Wales, Australia. Disputes may be resolved through arbitration in Melbourne, Victoria, Australia, under the rules of the Commercial Arbitration Act 1984 (Vic), but this does not limit your rights under Australian consumer law.

Privacy

Your personal information is collected, used, and disclosed in accordance with our Privacy Policy, which is available on our website.

Severance

If any provision of this Agreement is found to be invalid or unenforceable, the remaining provisions remain in effect, and the invalid provision is considered severed from this Agreement.

Assignment

This Agreement benefits and binds the parties' successors. You may not assign this Agreement without our consent. We may assign this Agreement without your consent or notice.

Disclaimer of Warranties; Limitation of Liability

Our service is provided 'as is' and 'as available' without any warranties or conditions. We do not guarantee uninterrupted, timely, secure, or error-free service. Our liability is limited to the fullest extent permitted by law, and we are not liable for any direct, indirect, incidental, punitive, special, or consequential damages of any kind.

Indemnification

You agree to indemnify and hold harmless Flow State Coffee and its affiliates, directors, officers, employees, agents, contractors, licensors, service providers, subcontractors, suppliers, and interns from any claim or demand, including reasonable attorneys’ fees, arising from your breach of these Terms of Service or your violation of any law or the rights of a third-party.

Termination

This Agreement is effective unless terminated by you or us. You may terminate at any time by notifying us or ceasing to use our site. We may terminate this Agreement without notice if you fail to comply with any term, and you will remain liable for all amounts due up to the date of termination.

Governing Law

These Terms and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of New South Wales, Australia.

Changes to Terms of Service

We reserve the right to update or change our Terms of Service at any time. Such changes will be posted on our website. Your continued use of our website after any changes constitutes acceptance of the new Terms.

Contact Information

For any questions regarding these Terms of Service, please contact us at info@flowstatecoffee.co.