Terms & Conditions

Terms of Use Recognition

Welcome to Peoplewell Pty Ltd trading as The Functional Beverage Company P/L offering services to you, subject to the subsequent Terms of Use, which can be revised by us from time to time without notification to you. In using any of the The Functional Beverage Company's website service you are additionally subject to any policy or rules which may be posted or emailed from on occasion time to time. All such policies or rules are hereby included by suggestion into the Terms of Use.

Your continued use of The Functional Beverage Company website represents an confirmatory, acceptance and understanding by you that you recognize and agree to abide and be required by these Terms of Use and any alterations.

This agreement will be regulated by and interpreted in accordance with the laws of Victoria, Australia. You irreversibly and unreservedly agree to the non-exclusive jurisdiction of the courts of Victoria. If any condition of this agreement is found to be invalid or unenforceable by a court of law, such unsoundness or unenforceability will not affect the balance of the agreement which will persist in full force and effect.

Correctness of Information Provided

All information on The Functional Beverage Company website is presented in good faith. It is derived from information understood to be correct and up to date as at the time of publication. Your use of The Functional Beverage Company website is at your sole risk. Access to The Functional Beverage Company website is made accessible on an 'as available' basis. Neither The Functional Beverage Company Pty Ltd or its related bodies corporate nor its or their directors or employees make any representation or warranty that (i) any material on The Functional Beverage Company website will be dependable, precise or entire (nor do they accept any accountability occurring in any way for inaccuracies in, or oversights from that material); or (ii) your right to use to The Functional Beverage Company website will be continuous, timely or secure. The Functional Beverage Company Pty Ltd will not be liable for loss resultant from any act or conclusion by you in reliance on the information on The Functional Beverage Company website, nor any disruption, suspension in operation or transmission, virus, communications malfunction, Internet access complications, or fault in equipment or software.

Merchandise Descriptions

The Functional Beverage Company Pty Ltd and its affiliates endeavour to be as accurate as possible. However, The Functional Beverage Company website does not warrant that product descriptions/images are exact, absolute, reliable, current, or error-free.

Limitation of Liability

The Trade Practices Act and comparable state and territory Legislation in Australia may grant rights and solutions on you in relation to the provision by The Functional Beverage Company Pty Ltd of goods or services on the web site which cannot be excluded, limited or customized ("Non-excludable Rights"). The Functional Beverage Company Pty Ltd does not exclude any Non-excludable Rights but does prohibit all other conditions and warranties inferred by custom, law or statute.

Except as offered for by the Non-excludable Rights: a) all Content is provided "as is" and devoid of warranties of any kind, either express or implied, b) The Functional Beverage Company Pty Ltd and its suppliers explicitly reject all warranties of any kind, consisting of but not restricted to inferred warranties of merchantability and suitability for an exacting intention, c) The Functional Beverage Company Pty Ltd does not warrant that the functions enclosed in any Content or any Communications Facility or your right of entry to the web site will be continuous or error-free, that any defects will be rectified or that the web site or the server which stores and transmits Content to you are free of viruses or any other injurious workings, d) The Functional Beverage Company Pty Ltd does not warrant or make any representation concerning your admission to, or the results of your admission to, the web site (together with any associated or linked web sites) or any Content in terms of accuracy, exactness, timeliness, completeness, dependability or otherwise, and e) you (and not The Functional Beverage Company Pty Ltd) assume the total cost of any required confirmation, maintenance, repair and/or amendment of any pertinent Content.

Under no situation (together with but not limited to any act or oversight on the part of The Functional Beverage Company Pty Ltd) will The Functional Beverage Company Pty Ltd or its affiliates be legally responsible for any circumlocutory, incidental, extraordinary and/or resulting reparation or loss of profits whatever which result from any use or access of, or any failure to use or access, the web site or any Content. You explicitly recognize and approve that The Functional Beverage Company Pty Ltd does not exercise control over users of the web site (together with persons referred to on the web site as guests and experts) and is not liable moreover for their views or their actions, including any information and/or recommendation and any defamatory statements or unpleasant behaviour.

To the fullest degree permitted by law, The Functional Beverage Company Pty Ltd ‘s legal responsibility for breach of any inferred warranty or condition which cannot be disqualified is limited at the option of The Functional Beverage Company Pty Ltd to the subsequent: in the case of services supplied or presented by The Functional Beverage Company Pty Ltd, (a) the provision of the services again, or (b) the sum of the cost of having services supplied again; and in the case of goods supplied or presented by The Functional Beverage Company Pty Ltd, (c) the replacement of the goods or the supply of comparable goods, (d) the refurbishment of such goods, (e) the payment of the cost of exchanging the goods or acquiring comparable goods, or (f) the payment of the cost of having the goods repaired.

Applicable law

These conditions and all other specific and supplementary terms which preside over your use of and access to The Functional Beverage Company P/L Pty Ltd will be governed by and construed in accordance with the laws of the state of Victoria, Australia

Copyright

The information provided on The Functional Beverage Company Pty Ltd is copyright protected. You may use this material for your own personal reference only. Except for the transitory copy held in the computer's cache and a single permanent copy for your personal reference, the material may not otherwise be used, copied, replicate, published, stored in a retrieval system, altered or transmitted in any form or by any means in whole or part (except where such use constitutes fair dealing under the Copyright Act) without the prior written approval of The Functional Beverage Company Pty Ltd or the appropriate supplier or licensor of The Functional Beverage Company Pty Ltd. You may not use any part of the material on The Functional Beverage Company Pty Ltd to establish, maintain or provide, or assist in establishing, maintaining or providing your own publications, Internet site or other means of distribution.

All software used on this web site is the property of The Functional Beverage Company Pty Ltd or its software suppliers and is protected by Australian and international copyright laws

Trademarks

The Functional Beverage Company Pty Ltd logo and the logos of the The Functional Beverage Company Pty Ltd products are registered trademarks of The Functional Beverage Company Pty Ltd or its related companies. Other trademarks may be displayed on The Functional Beverage Company Pty Ltd from time to time. These may belong to third parties. Nothing displayed on The Functional Beverage Company Pty Ltd should be construed as granting any licence or right of use of any logo or trademark displayed on a web site, without the express written permission of the relevant owner.

Your Conduct Regarding Electronic Communications

When you visit The Functional Beverage Company Pty Ltd or send email to us, you are communicating with us electronically. You also consent to receive communications from us electronically. We will communicate with you by email or by posting notices on this web site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

The Functional Beverage Company Pty Ltd may contain electronic bulletin boards, chat rooms and other communication facilities which provide for feedback by users to The Functional Beverage Company Pty Ltd, real-time interaction between users (including individuals referred to as guests and experts) and other electronic messaging and notice services ("Communication Facilities"). It is a condition of your use of any Communication Facility and your access to The Functional Beverage Company Pty Ltd that you do not do any of the following:

• Restrict or inhibit any other user from using or enjoying any Communication Facility
• Post or transmit any unlawful, threatening, abusive, defamatory, obscene, vulgar, pornographic, profane or indecent information or material of any kind, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offence, give rise to civil liability or otherwise violate any applicable law
• Post or transmit any material of any kind which violates or infringes upon the rights of any other person, including material which is an invasion of any privacy or publicity rights or which is protected by copyright, trademark or any other proprietary right or derivative works with respect thereto, without first obtaining permission from the owner or relevant right holder
• Post or transmit any material of any kind which contains a virus or other harmful component
• Post, transmit or in any way exploit any material of any kind for commercial purposes or which contains any promotional material or advertising
• Delete any author attributions, legal notices or proprietary designations or labels in any file that is uploaded or
• Download any file posted by any other user of a Communication Facility if you know, or reasonably ought to know, that the file cannot legally be distributed in such manner. The Functional Beverage Company Pty Ltd reserves the right to cooperate fully with any law enforcement authority in any jurisdiction in respect of any lawful direction or request to disclose the identity or other information in respect of anyone posting any materials which violate any applicable or relevant law.

User Licence To The Functional Beverage Company Pty Ltd

By placing any information or other material on the web site (including posting messages, uploading files, inputting data or engaging in any other form of communication), you grant to The Functional Beverage Company Pty Ltd a perpetual, royalty-free, non-exclusive, irrevocable, unrestricted, worldwide licence to do the following in respect of the information or material:

1. Use, copy, sublicense, redistribute, adapt, transmit, publish and/or broadcast, publicly perform or display, and
2. Sublicense to any third parties the unrestricted right to exercise any of the foregoing rights granted.

The foregoing grant includes the right to exploit all proprietary rights in any such information or other material, including but not limited to rights under copyright, trademark, service mark or patent laws under any jurisdiction worldwide. You expressly waive in favour of The Functional Beverage Company Pty Ltd and any other party authorised by The Functional Beverage Company Pty Ltd all moral rights and any similar rights in any jurisdiction which you may have or hereafter acquire in respect of any relevant communication or other material. At the request and expense of The Functional Beverage Company Pty Ltd, you will execute and deliver to The Functional Beverage Company Pty Ltd such instruments and take such other actions as may be required to carry out this grant of licence and waiver.

Online Security

At The Functional Beverage Company Pty Ltd we take your online security very seriously. As such, we have prepared the following guidelines and information to help you enjoy trouble free browsing when visiting our web site or interacting with us.

The Functional Beverage Company Pty Ltd will never ask you to provide personal information like your bank details, credit card details, your address, driving licence or passport numbers via email. If you’re making an online purchase from The Functional Beverage Company Pty Ltd and are required to provide us with your bank or credit card details, this will be carried out within a secure browser window. Check that a locked padlock symbol appears at the foot or top of the browser in which you are entering your details. The URL should also change, to start with 'https://...' instead of 'http://...'

Please REPORT any suspicious activity to us immediately.

Risk Of Loss

All items purchased from The Functional Beverage Company Pty Ltd 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.

Delivery of Goods

Items are shipped via Australia Post.

The Functional Beverage Company Pty Ltd accepts responsibility for any loss of, damage to, or non-delivery of goods ordered from our web site. To the maximum extent permitted by law, you agree to release our carriers from any liability relating to loss of, damage to, late delivery or non-delivery of any goods you order from this web site and to assign all rights to claim compensation or insurance against our carriers to us and expressly and irrevocably do so by clicking the following box.

In rural and regional areas of Australia, delivery times are in respect of delivery to the Post Office of the principal township in that area. Delivery to final destinations may take longer. If in doubt please check with your local Post Office.

Returns

Returns are only accepted with prior approval from The Functional Beverage Company Pty Ltd where a return authority number will be issued and must be with 14 days of invoice. A 15% restocking fee applies and the item must be unused and the packaging in new condition. The Functional Beverage Company Pty Ltd will also accept returns in accordance with Victorian and Australian law.

GST

Unless stated to be otherwise, herbal teas, tissanes, tea and fruit teas provided by The Functional Beverage Company Pty Ltd are free of GST. GST is payable upon freight/shipment of goods and any products listed by State/Federal tax laws pertaining to GST. The Functional Beverage Company Pty Ltd will issue a Tax Invoice for all purchases. GST means the Australian goods and services tax charged under A New Tax System (Goods and Services Tax) Act 1999 (the "Act"). Tax invoice means tax invoice as defined by the Act.

Third party links and advertising

Hyperlinks and pointers to web sites operated by third parties may appear on The Functional Beverage Company Pty Ltd from time to time. These web sites do not form part of The Functional Beverage Company Pty Ltd and are not under the control of The Functional Beverage Company Pty Ltd or its related bodies corporate and neither The Functional Beverage Company Pty Ltd nor its related companies have any responsibility for the contents of any such hyperlink or linked web site. If you link to any such web sites you leave The Functional Beverage Company Pty Ltd and do so entirely at your own risk.

The Functional Beverage Company Pty Ltd may at times display third party advertisements, which may or may not contain hyperlinks or referral buttons to web sites operated by third parties. The display of such advertising does not in any way imply a recommendation or endorsement by The Functional Beverage Company Pty Ltd or its related companies of the relevant advertiser, its products or services or any such linked web site.

If you contact a third party using functionality provided on The Functional Beverage Company Pty Ltd, including via email, The Functional Beverage Company Pty Ltd accepts no responsibility for any actions taken by that third party in response to your communication or for any transactions entered into between you and the relevant third party.

Errors And Omissions

The Functional Beverage Company Pty Ltd undertakes to uphold the accuracy of product images, product descriptions, stock availability and prices. We do however reserve the right to cancel an order and/or reverse a payment if an order has been placed based on invalid/untrue information.