Terms of Service

Sweet Tooth Melbourne - Website Terms of Use 

Last updated: 15 April 2022

This website (Site) is operated by Sweet Tooth Melbourne, ABN 83 653 406 877 (we, our or us). It is available at: www.sweettoothmelbourne.com and may be available through other addresses or channels.

Consent: By accessing and/or using our Site, you agree to these terms of use and our Privacy Policy (available on our Site) (Terms). Please read these Terms carefully and immediately cease using our Site if you do not agree to them. 

Variations: We may, at any time and at our discretion, vary these Terms by publishing the varied terms on our Site. We recommend you check our Site regularly to ensure you are aware of our current terms. Materials and information on this Site (Content) are subject to changewithout notice. We do not undertake to keep our Site up-to-date and we are not liable if any Content is inaccurate or out-of-date.

Licence to use our Site: We grant you a non-exclusive, royalty-free, revocable, worldwide, non-transferable licence to use our Site in accordance with these Terms. All other uses are prohibited without our prior written consent.

Prohibited conduct: You must not do or attempt to do anything: that is unlawful; prohibited by any laws applicable to our Site; which we would consider inappropriate; or which might bring us or our Site into disrepute, including (without limitation)

1.Anything that would constitute a breach of an individual’s privacy (including uploading private or personal information without an individual's consent) or any other legal rights;

2.Using our Site to defame, harass, threaten, menace or offend any person;

3.Interfering with any user using our Site;

4.Tampering with or modifying our Site, knowingly transmitting viruses or other disabling features, or damaging or interfering with our Site, including (without limitation) using trojan horses, viruses or piracy or programming routines that may damage or interfere with our Site;

5.Using our Site to send unsolicited email messages; or

6.Facilitating or assisting a third party to do any of the above acts.

Exclusion of competitors: You are prohibited from using our Site, including the Content, in any way that competes with our business. 

No commercial use: Our Site is for your personal, non-commercial use only. You must not use our Site, or any of the Content, for commercial purposes, including any advertising or advertising revenue generation activity on your own website or any other platform, without obtaining a licence to do so from us.

Information: The Content is not comprehensive and is for general information purposes only. It does not take into account your specific needs, objectives or circumstances, and it is not advice. While we use reasonable attempts to ensure the accuracy and completeness of the Content, we make no representation or warranty in relation to it, to the maximum extent permitted by law. 

Intellectual Property rights:Unless otherwise indicated, we own or licence all rights, title and interest (including intellectual property rights) in our Site and all of the Content. Your use of our Site and your use of and access to any Content does not grant or transfer to you any rights, title or interest in relation to our Site or the Content. You must not: 

1.Copy or use, in whole or in part, any Content; 

2.Reproduce, retransmit, distribute, disseminate, sell, publish, broadcast or circulate any Content to any third party; or

3.Breach any intellectual property rights connected with our Site or the Content, including (without limitation) altering or modifying any of the Content, causing any of the Content to be framed or embedded in another website or platform, or creating derivative works from the Content.

User Content:You may be permitted to post, upload, publish, submit or transmit relevant information and content (User Content) on our Site. By making available any User Content on or through our Site, you grant to us a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free licence to use the User Content, with the right to use, view, copy, adapt, modify, distribute, license, sell, transfer, communicate, publicly display, publicly perform, transmit, stream, broadcast, access, or otherwise exploit such User Content on, through or by means of our Site.

You agree that you are solely responsible for all User Content that you make available on or through our Site. You represent and warrant that: 

1.You are either the sole and exclusive owner of all User Content or you have all rights, licences, consents and releases that are necessary to grant to us the rights in such User Content (as contemplated by these Terms); and

2.Neither the User Content nor the posting, uploading, publication, submission or transmission of the User Content or our use of the User Content on, through or by means of our Site will infringe, misappropriate or violate a third party’s intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.

We do not endorse or approve, and are not responsible for, any User Content. We may, at any time (at our sole discretion), remove any User Content.

Third party sites: Our Site may contain links to websites operated by third parties. Unless expressly stated otherwise, we do not control, endorse or approve, and are not responsible for, the content on those websites. You should make your own investigations with respect to the suitability of those websites. 

Discontinuance: We may, at any time and without notice to you, discontinue our Site, in whole or in part. We may also exclude any person from using our Site, at any time and at our sole discretion. We are not responsible for any Liability you may suffer arising from or in connection with any such discontinuance or exclusion.

Warranties and disclaimers: To the maximum extent permitted by law, we make no representations or warranties about our Site or the Content, including (without limitation) that:

1.They are complete, accurate, reliable, up-to-date and suitable for any particular purpose; 

2.Access will be uninterrupted, error-free or free from viruses; or

3.Our Site will be secure.

You read, use and act on our Site and the Content at your own risk.

Limitation of liability: To the maximum extent permitted by law, we are not responsible for any loss, damage or expense, howsoever arising, whether direct or indirect and/or whether present, unascertained, future or contingent (Liability) suffered by you or any third party, arising from or in connection with your use of our Site and/or the Content and/or any inaccessibility of, interruption to or outage of our Site and/or any loss or corruption of data and/or the fact that the Content is incorrect, incomplete or out-of-date. 

Indemnity: To the maximum extent permitted by law, you must indemnify us, and hold us harmless, against any Liability suffered or incurred by us arising from or in connection with your use of our Site or any breach of these Terms or any applicable laws by you. This indemnity is a continuing obligation, independent from the other obligations under these Terms, and continues after these Terms end. It is not necessary for us to suffer or incur any Liability before enforcing a right of indemnity under these Terms. 

Termination: These Terms are effective until terminated by us, which we may do at any time and without notice to you. In the event of termination, all restrictions imposed on you by these Terms and limitations of liability set out in these Terms will survive.

Disputes: In the event of any dispute arising from, or in connection with, these Terms (Dispute), the party claiming there is a Dispute must give written notice to the other party setting out the details of the Dispute and proposing a resolution. Within 7 days after receiving the notice, the parties must, by their senior executives or senior managers (who have the authority to reach a resolution on behalf of the party), meet at least once to attempt to resolve the Dispute or agree on the method of resolving the Dispute by other means, in good faith. All aspects of every such conference, except the fact of the occurrence of the conference, will be privileged. If the parties do not resolve the Dispute, or (if the Dispute is not resolved) agree on an alternate method to resolve the Dispute, within 21 days after receipt of the notice, the Dispute may be referred by either party (by notice in writing to the other party) to litigation.

Severance: If a provision of these Terms is held to be void, invalid, illegal or unenforceable, that provision must be read down as narrowly as necessary to allow it to be valid or enforceable. If it is not possible to read down a provision (in whole or in part), that provision (or that part of that provision) is severed from these Terms without affecting the validity or enforceability of the remainder of that provision or the other provisions in these Terms.

Jurisdiction: Your use of our Site and these Terms are governed by the laws of Victoria (VIC). You irrevocably and unconditionally submit to the exclusive jurisdiction of the courts operating in VIC and any courts entitled to hear appeals from those courts and waive any right to object to proceedings being brought in those courts. 

Our Site may be accessed throughout Australia and overseas. We make no representation that our Site complies with the laws (including intellectual property laws) of any country outside Australia. If you access our Site from outside Australia, you do so at your own risk and are responsible for complying with the laws of the jurisdiction where you access our Site.

Online Store Terms:

Our store is hosted by Ecwid. They provide us with the online e-commerce platform that allows us to sell our products and services to you.

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.

You may not use our products for any illegal or unauthorised purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).

A breach or violation of any of the Terms will result in an immediate termination of your Services.

General Conditions:

We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.

Modifications to Service & Price:

Prices for our products are subject to change without notice. We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

Products & Services:

Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.

We have made every effort to display as accurately as possible the colours and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any colour will be accurate.

We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.

We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

Product Sizes:

All stated product weights on the website are approximate only and may have a margin of error. We do our best to ensure all weights are as close to what is listed; however, we cannot guarantee to match exact weights.

Accuracy of Billing & Account Information:

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

Third Party Links:

Certain content, products and services available via our Service may include materials from third-parties.

Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.

We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

User Comments, Feedback and Other Submissions:

If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.

We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libellous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.

You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libellous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

Errors, Inaccuracies & Omissions:

Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

Shipping and Processing:

Depending on your online store order and complexity of customisation, processing time may vary. Please allow two (2) business days of processing time for your online store order plus the estimated shipping time you select to receive your order. 

If you require urgent service please contact us at sweettoothmelb@gmail.com to see if it is possible before ordering, additional charges may apply.

For any questions and notices, please contact us at:

Sweet Tooth Melbourne, ABN 83 653 406 877

Email: sweettoothmelb@gmail.com

Sweet As Deliveries - Domestic Service Terms and Conditions

Last update: 15 April 2022

This page provides information on our courier service terms and conditions.

These are the entire Terms and Conditions of Carriage (“Conditions”) governing the supply of Services being the whole of the operations undertaken by the Carrier in relation to the goods, including the carriage, storage, loading, unloading, packing and unpacking  (“Services”) by Sweet Tooth Melbourne (ABN 83 653 406 877) 31 Hallcroft Road, Greenvale, VIC, 3059, Australia to its Customers, whether a person or an entity or being either the shipper, consignor, the owner of the goods, consignee, receiver or their respective authorised agent (“Customer”). Except as agreed in writing by a duly authorised officer of the Carrier, no other conditions (including terms and conditions that may appear on a purchase order form, service level agreement or other document issued by a Customer) will be binding on the Carrier. 

Application of Conditions:

1. These Conditions cover the whole, or any part of, the Services performed by the Carrier for the Customer. All rights, immunities and limitations of liability in these Conditions shall continue to have full force and effect notwithstanding any breach of this contract by the Carrier or any other person entitled to the benefit of such provisions.

2. The Customer’s own terms and conditions shall in no way derogate from these Standard Terms and Conditions of Contract and any provision in the Customer’s own terms and conditions which is contrary to any provision of these Standard Terms and Conditions of Contract shall to the extent of such inconsistency be inapplicable.

Not a Common Carrier

1. The Carrier is not a common carrier and accepts no liability as such. The Carrier may refuse the carriage or transport of goods for any person or corporation and the carriage or transport of any class of goods is at the Carrier’s absolute discretion.

Warranties and Undertakings

The Customer warrants that:

i. it has complied with all applicable laws and regulations relating to the nature, condition, packaging or carriage of the goods (including the Australian Code for the Transport of Dangerous Goods by Road and Rail, Civil Aviation Regulations and the International Maritime Dangerous Goods Code) about the notification, classification, description, labelling, transport and packaging of the goods and that, given their nature, the goods are packaged in a manner, having regard to their nature, adequate to withstand the ordinary risks of carriage;

ii. the goods are accurately described on the consignment/enquiry note or booking order; 

iii. it is either the owner of the goods and/or the authorised agent of the person(s) owning or having any interest in the goods and it enters into this contract on its own behalf and/or as authorised agent of that person or persons;

iv. it is authorised by the person(s) owning or having any interest in the goods that those goods will be handled on an “authority to leave” basis, unless otherwise agreed by the Carrier;

v. it shall inform to the Carrier of any parcel with a value exceeding ten thousand Australian dollars (AUD $10,000.00) prior to dispatch.

The Customer hereby indemnifies the Carrier against any expenses, charges or losses sustained by the Carrier in complying with the requirements of any law or otherwise incurred as a result of a breach of the warranties in clause 3.i including but not limited to any claims by any third party.

The Carrier shall comply with all statutory obligations that apply to the provision of the Services including but not limited to occupational health and safety laws, public health orders and any applicable road transport laws.

The Customer acknowledges that in the event of non-compliance with clause 3.i.a that an additional fee will apply in respect of dangerous goods, and that the Carrier reserves the right not to carry any non-compliant goods.

Performance of Services

1. The method(s) of undertaking the Services shall be at the sole discretion of the Carrier and the Customer hereby authorises the Carrier to adopt any method(s) other than any method which may have been instructed or agreed.

2. The Customer authorises any deviation from the usual route of carriage.

3. The Carrier shall not be liable for failure to fulfil its obligations under this agreement where such a failure is due to force majeure which for the purposes of these Conditions is, but is not limited to government or legislative actions, embargoes, strikes, industrial disputes or actions, riots, civil commotion, insurrections, blockades, war, acts of God, fire, flood, storm and tempest, lockouts or any other cause beyond the reasonable control of the Carrier. 

Delivery

1. The Carrier shall use reasonable endeavours to deliver the goods as specified by the Customer. The Carrier shall not be bound to deliver the goods except to the consignee shown on the consignment note or in the Carrier’s electronic gateway or to such other person(s) as may be authorised in writing by the Customer to receive the goods or to effect delivery in such other manner as specified by the Customer including an “authority to leave”(“ATL”).

2. If the Carrier is unable to deliver the goods for any reason (including failure on the part of a receiver to take delivery within a reasonable time) the Carrier shall be entitled to handle and store the goods at the Customer’s risk and in such manner as it may in its discretion determine and shall be entitled to make a reasonable charge in respect of such handling and/or storage and additional charges for each call until the delivery is accomplished.

3. All goods are handled on an ATL basis, unless otherwise agreed by the Carrier. If a receiver is not available to accept delivery of the goods, then the Carrier is authorised to leave the goods in a safe place or will contact the Customer of alternative options.

Responsibility for Charges

1. The Carrier’s freight, fuel surcharge, insurance and other charges are earned as soon as the goods are picked up or accepted for storage and the Customer must pay all freight, fuel surcharge, insurance and other charges, irrespective of whether the goods are delivered or not, and whether damaged or not, based on the tax invoice issued by the Carrier and in accordance with the trading terms agreed with the Carrier. The Customer shall pay to the Carrier all sums for the Services immediately when due without deduction or deferment on account of any claim, counterclaim or set-off. 

2. All customs and/or excise duties, costs, fines or penalties, which the Carrier becomes liable to pay for any reason whatsoever in respect of the Goods and any documentation relating to the Goods pursuant to any applicable laws or regulations shall be paid by the Customer. Further, the Customer agrees to indemnify the Carrier for any container demurrage, container detention and claims for container damage or container cleaning charges in respect of containers that carry the Goods.

3. It is the Customer’s responsibility to ensure all their goods are within the Carrier’s freight profile, in that it should fit within a standard vehicle. Goods that are found to be outside of the Carrier’s freight profile may be refused at pickup, with the freight charge and a futile pickup fee applying. If the non-compliance is discovered once the goods are already within the Carrier’s network, then additional charges will apply and a delay in delivery may occur.

4. All goods should be labelled with accurate delivery addresses. In the event that inaccurate and / or insufficient address details have been supplied, an additional fee will apply. Incomplete consignments at the time of the arranged pickup will occur an incomplete consignment fee. If the goods are returned to sender a freight handling fee per consignment will apply.

5. When the Carrier is instructed to collect freight, fuel, insurance and other charges or other expenses from any person other than the Customer, the Customer shall remain responsible for the amounts and shall pay these amounts to the Carrier on demand where these amounts have become due and have not been paid by such other person.

6. The Carrier reserves the right to review its charges in circumstances where the cost of carriage increases due to circumstances outside of its control. Where charges are increased as a result, the Carrier will endeavour to provide the Customer with 48 hours’ notice of the increase.

Carrier’s Liability

1. The goods shall at all times be at the risk of the Customer and the Carrier shall not be liable in tort (including negligence), contract (including a fundamental breach of contract) or for any act or omission of the Carrier that is outside the authorised scope of its activities under this contract, for breach of duty as bailee, for contravention of any statute or breach of statutory duty or otherwise for any loss of, or damage to, failure to deliver, delay in delivery of, or mis-delivery of the goods whatsoever, howsoever caused.

2. The exclusion of liability in Clause 7.i extends to include not only loss of or damage to the goods themselves, but loss, damage or injury to any person, property or thing damaged arising from the Carrier providing the Services under this contract and to any indirect or consequential loss or damage whatsoever arising from such loss, damage or injury or from failure to deliver, delay in delivery or mis-delivery, howsoever caused including but not limited to losses that are purely financial or economic losses, loss of opportunity, losses in connection with contracts, agreements or understandings the Customer has with third parties, loss of market and any other losses whatsoever that do not arise directly from physical damage to or loss of the Goods and are consequential in nature.

3. Notwithstanding any other provision in these Conditions, but subject always to Clause 7.i and Cause 7.ii, if any liability whatsoever, howsoever arising, is found to attach to the Carrier or any subcontractor, the Carrier’s liability shall be limited in the case of Services supplied under this contract to the lesser of:

i. supplying the Services again

ii. payment of the cost of supplying the Services again;

iii. or the amount of A$100.00.

4. The Carrier does not exclude or limit the application of any laws, including Schedule 2 of the Competition and Consumer Act 2010 (Cth), where to do so would contravene those laws or cause any part of these conditions to be void. 

5. The Customer acknowledges that loss or damage are insurable risks and that obtaining insurance is the responsibility of the Customer and if they fail or choose not to do so it is at their risk.

Notice of Loss and Time Bar

1. Any claim for loss or damage to the goods or relating to the provision of the Services under this contract must be notified in writing to the Carrier within fourteen (14) days of delivery of the goods or the date by which the goods should have been delivered, whichever is the earlier. Should the Carrier not receive any such notice in writing the Carrier shall be forever discharged from any and all liability to any person (including the Customer) in respect of the goods and or the Services. In any event whatsoever, the Carrier shall be discharged from any and all liability whatsoever unless suit is brought within six (6) months of the provision of the Services, delivery of the goods or when the Services should have been provided or when the goods should have been delivered, whichever is the earlier.

Lien

1. If, on demand, the Customer fails to pay charges due to the Carrier in respect of any Services rendered by the Carrier, the Carrier will have a general and a particular lien over the goods and/or any other cargo or items the property of the Customer in the Carrier’s possession, and without notice to the Customer, may sell all or part of the goods and/or any other cargo or items that are the property of the Customer which are in the Carrier’s possession and out of the moneys arising from the sale retain the charges so payable together with all charges and expenses of the detention and sale, and shall render the surplus, if any, of the moneys arising from the sale and such of the goods as remain unsold to the person entitled thereto.

Dangerous Goods and Unacceptable Goods

1. The Customer or the authorised agent shall not tender for carriage any goods are or may be explosive, flammable or otherwise dangerous or damaging goods without presenting a full description of those goods and in default of so doing shall be liable for all loss and damage caused thereby.

2. The Carrier may at any time cause any dangerous goods or any goods which the Carrier believes are liable or may be liable to become dangerous goods to be destroyed, disposed of, abandoned or rendered harmless by the Carrier without compensation to the Customer and without prejudicing the Carrier’s right to any charges payable by the Customer to the Carrier.

3. The Carrier will not carry arms or ammunition.

4. Except under special arrangements previously made in writing the Carrier will not accept bullion, coins, precious stones, jewellery, valuables, antiques, mirrors and artwork, personal effects such as clothing, toiletries or electronic devices, vital documents such as tenders, birth certificates or travel papers, livestock or plants and the Carrier will not accept any liability whatever for any such goods except under special arrangements previously made in writing.

Subcontractors

1. The Carrier is hereby authorised to subcontract the whole or any part of the Services and such authorisation extends to any subcontractor.

2. Any clause herein excluding or limiting the liability of the Carrier or providing any right or exemption from liability to the Carrier shall also be available and shall extend to protect all subcontractors and every servant or agent of the Carrier and of any subcontractor. The Carrier is or shall be deemed to be acting as agent or trustee on behalf of and for the benefit of such persons and each of them and all such persons and each of them shall to this extent be or be deemed to be parties to this contract.

3. The Customer undertakes that no claim will be made against any servant, subcontractor or agent of the Carrier which imposes or attempts to impose upon any of them any liability whatsoever in connection with the goods or Services under this contract. If any such claim should nevertheless be made, the Customer shall indemnify the Carrier against the consequences thereof.

Consumers and Small Business Contract

1. In this clause, ’Consumer’ means an individual who acquires the Services wholly or predominately for personal, domestic or household use or consumption and ‘Small Business Contract’ means a standard form small business contract as defined in section 23(3) of Schedule 2 of the Competition and Consumer Act 2010 (Cth).

2. If the Customer is a Consumer, or these Conditions qualify as a Small Business Contract:

i. Clause 3 is modified so that the Customer is not required to indemnify the Carrier to the extent that the loss or damage was directly caused by, or in connection with, a grossly negligent, unlawful, or wilful act or omission by the Carrier or its employees, agents and subcontractors. 

ii. Clauses 7.i is modified so that the Carrier's liability is not excluded to the extent that the loss or damage was directly caused by or in connection with a grossly negligent, unlawful, or wilful act or omission by the Carrier or its employees, agents and subcontractors. 

iii. Clause 7.ii is modified to the extent that the Carrier will not be liable for any consequential or indirect loss or damage, unless the Carrier had actual knowledge that such loss might be incurred. 

iv. Clause 7.iii is modified so that the Carrier's liability is limited to the lesser of the actual loss suffered by the Customer or the value of the Goods at the time the Goods were received by the Carrier.

v. Clause 9 is modified so that the Carrier may only exercise its right of sale under a lien over Goods after the Carrier has given 21 days' notice in writing to the Customer of its intention to do so. 

vi. Clause 11.iii is modified, so that the Customer:

3. may make a claim against or impose liability upon any subcontractor; and 

i. is not required to indemnify the Carrier from and against any loss, to the extent that the claim, liability or loss was directly caused by, or in connection with, a grossly negligent, unlawful, or wilful act or omission by the subcontractor.

ii. Clause 8 does not apply, and without limitation to any other clause in these Conditions, the Carrier will be discharged from liability in relation to any claim:where the loss to the Customer results from the act of a subcontractor; and

4. the Carrier's right to make a claim against that subcontractor is subject to time limitations; and 

i. the Customer does not make its claim against the Carrier within a period reasonably sufficient to allow the Carrier to make a corresponding claim against the subcontractor within any applicable time limitation period, or 

ii. in all other cases, where the Customer does not make its claim within 1 year from the earlier of the delivery of the Goods, if the Goods are not delivered, the date the Goods should have been delivered or where the claim does not relate to loss or damage to Goods, the time of the event giving rise to the claim.

Law and Jurisdiction

These Conditions shall be governed and construed in accordance with the laws of Victoria and the parties submit to the non-exclusive jurisdiction of the Courts of Victoria.

Privacy

The Carrier will collect, use and disclose a Customer’s personal or other information in accordance with its Privacy Policy as amended from time to time, details of which can be found at www.sweettoothmelbourne.com

Severability

If any provision of these Conditions is void, voidable by a party, unenforceable, invalid or illegal and would not be so if a word or words were omitted, then that word or those words are severed and if this cannot be done, the entire provision is to be severed from these Conditions without affecting the validity or enforceability of the remaining provisions of the Terms.