- The Schweppes ordering service
(“Service”) is a service provided by Schweppes Australia
Pty Ltd (ABN 51 004 243 994) (“us”, “we”, “our”)
for Schweppes customers (“you”), via our website at www.cadburycustomer.com.au/schweppescustomer/ or any replacement website we notify to you
from time to time (“Site”). The service is powered by and
is provided in conjunction with IP Payments Pty Ltd (ABN 86 095 635
680) (“IP Payments”).
- Your access to and use of
- We recommend that you carefully
read these Terms before you use the Service. If you do not agree to
these Terms, you should not use the Service.
- These Terms operate in addition
to any terms of trade you have previously agreed with us (for example,
when you applied to become a Schweppes account holder). Those other
terms are incorporated by reference into these Terms. If there is any
inconsistency between these Terms and the other terms, these Terms prevail
to the extent of the inconsistency.
Changes to these Terms
- From time to time, we may
need to change these Terms to reflect our changing business. We may
also need to change these Terms if we are required by law, for security
reasons or for technical or infrastructure reasons.
- We may change the Terms at
any time by posting the changed Terms on the Site and by posting a notice
to users on the homepage stating that a change has occurred. If you
continue to use the Service after being notified of a change, you will
be deemed to have accepted the change.
- You may not use the Service
unless and until you have registered with us as a user of the Service.
- When you register, we will
give you a username and password to access the Service. You may be asked
to change your username and password when you first access the Service
and at subsequent intervals.
- You are responsible for keeping
your username and password secret, and (if you are not an individual)
for ensuring that it is only disclosed to your authorised representatives.
You are also responsible for all transactions carried out via the Service
using your username and password.
Use of the Service
- You may use the Service to
order Schweppes products from the product list on the Site ("Product
Information about products
- We will use reasonable efforts
to ensure that we have in stock the products shown in the Product List.
However, we do not guarantee the availability of any products, and we
will not be liable for any loss, damage or costs incurred by you or
any other person if we are unable to provide you with products shown
in the Product List.
- We will use reasonable efforts
to include in the Product List up-to-date pictures of our products.
However, at times, the pictures in the Product List may differ from
the products actually supplied to you.
- Some products may have a
minimum order requirement. If so, we will use all reasonable efforts
to specify this in the Product List.
- You are responsible for correctly
entering all requested order information. If incorrect information is
entered, it may result in you receiving and being liable to pay for
- You may be issued with an
order confirmation or receipt for orders you place via the Service.
Issue of an order confirmation or receipt does not mean that your order
has been accepted by us or that we will be able to complete the order
in whole or in part. Orders will not be binding on us until we have
delivered the order to your nominated address and you have accepted
the order by signing the delivery docket.
- Products will be charged
at the price applying on the date on which they are delivered to you.
Any applicable taxes (including GST) will be added to the price.
Dispatch and carriage
- We will use all reasonable
efforts to supply the quantity of products ordered, by the agreed delivery
date. However, we will not be liable for any loss, damage or costs incurred
by you or any other person if we do not do so.
- Title to products will not
pass to you until you have paid for them in full. However, risk will
pass to you when the products are delivered to you.
- We reserve the right to take
possession of and to dispose of products as we see fit at any time until
you have paid for the products in full. You authorise us to access and
enter your land and premises in order to exercise these rights. For
the purposes of determining which of the products in your premises have
been paid in full, you and we agree that operating inventory will be
treated on a first in, first out basis.
Invoicing and payment
- On delivery, we will provide
you with a tax invoice specifying the total price for your ordered products
including any applicable credits, taxes, service and delivery fees.
- You must pay all invoices
by the date specified on the invoice. If any invoice is not paid in
full on or by the due date, (without limiting any other rights we may
have) we may charge you interest on the outstanding amount calculated
from the due date of payment until payment is made in full. Interest
will be charged at the National Australia Bank benchmark rate plus 3%.
Product warranties and liability
- We warrant that products
supplied by us will, on the date of dispatch, be of merchantable quality
and will comply with all applicable laws. To the extent permitted by
law, all other warranties, descriptions and conditions (whether express
or implied) are expressly excluded.
- Our liability in respect
of each order will be limited to the lesser of the price of the ordered
products or the cost of replacing defective goods.
- The Service may be accessed
or any replacement website we notify to you from time to time.
- We will use reasonable efforts
to provide access to the Service 24 hours each day, seven days per week.
We will use reasonable efforts to notify you in advance of any planned
disruptions to the Service by way of a service notice on the Site.
- However, we cannot and do
not guarantee the availability of the Service, and will not be liable
for any loss, damage or costs incurred by you or any other person if
the Service is unavailable at any time.
- In addition to our obligations
at law, we will use all reasonable efforts to ensure that the Service
is secure and that the information you provide via the Service is kept
confidential and secure. Further information about the security measures
implemented by IP Payments for the Service is available at https://www.ippayments.com.au/corporate/AboutUs/Security_Facilities
- However, you acknowledge
that all electronic and telephonic data transfers are potentially susceptible
to interception by others. We cannot and do not guarantee that information
you submit via the Service will not be monitored, read, or intercepted
by others, and we will not be liable for any loss, damage or costs incurred
by you or any other person if your information is monitored, read or
intercepted in this way.
Our liability to you
- Neither we nor our related
companies accept any liability (whether arising from negligence or otherwise)
for any loss, damage, costs or expenses that you may suffer or incur
as a result of using or accessing the Service or the Site, except to
the extent that we are required by law to do so.
- In particular, except to
the extent required by law, we and our related companies do not accept,
and specifically exclude, liability for any business losses, or losses
of data or profits, or any other direct, indirect or consequential loss
or damage, which you may suffer in connection with our supply, non-supply
or defective supply of the Service.
- Except as expressly stated
in these Terms, we and our related companies do not give any warranties
(whether express or implied) regarding the Service or the Site.
- To the maximum extent permissible
by law, we and our related companies also exclude all liability to you
for breach of any term, condition, or warranty implied by law into these
Terms. If liability for breach of an implied term cannot by law be excluded
but can be limited, then we and our related companies also limit our
liability to you to the re-supply or payment of the cost of re-supplying
the relevant goods or services.
Your liability to us
- To minimise the costs associated
with operating the Service, we also require that you take responsibility
for any harm we or our related companies suffer as a result of your
use of the Service.
- You therefore agree to indemnify
us and our related companies from and against any loss, damage, costs
or expenses suffered by any of us arising out of or in any way connected
to the use of the Service by you or someone using your username and
- We may terminate or suspend
the Service or your access to the Service for any reason at any time.
We may attempt to notify you in advance, but we are not obliged to do
- If the Service or your access
to the Service is terminated or suspended, you will still be responsible
for any fees and charges you incurred in relation to the Service before
the termination or suspension date.
- We and our licensors own
all intellectual property rights relating to the Site or the Service,
including all intellectual property rights in any pictures, catalogues,
trade marks and other content appearing on the Site. This content is
provided for reference purposes only and must not be copied or otherwise
reproduced without our prior written permission.
- We and you are independent
contractors and no agency, partnership, joint venture or employment
relationship is intended or created by these Terms.
- If any of these Terms are
invalid, unenforceable or illegal, that term will be struck out and
the remaining terms will remain in force.
- If we do not act in relation
to a particular breach by you of these Terms, this will not be treated
as a waiver by us of our right to act with respect to subsequent or
- These Terms (and your dealings
with us) are governed by the law in force in the State of Victoria,
Australia. You and we each submit to the non-exclusive jurisdiction
of the courts of that State.
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