Acceptance of Terms

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Welcome to the TripleSeven Pty Ltd -My Bubble Tea website (“Website”).  My Bubble Tea (M.B.T) provides services to you subject to the following Terms of Use, which may be amended by us from time to time with no notice to you. When using any M.B.t service you are also subject to any rules or guidelines which may be posted, or emailed from time to time. All such rules or guidelines are hereby incorporated by reference into the Terms of Use.

 

Your continued use of the Website constitutes an affirmative, acknowledgment and agreement by you that you accept and agree to abide and be bound by these Terms of Use and any amendments.

 

These Terms of Use will be governed by and construed in accordance with the laws of Victoria, Australia. You irrevocably and unconditionally submit to the non-exclusive jurisdiction of the courts of Victoria. If any provision of this agreement is found to be invalid or unenforceable by a court of law, that clause will be severed from these Terms of Use and such invalidity or unenforceability will not affect the remainder of the Terms of Use which will continue in full force and effect.

 

For the purpose of these Terms of Use, “Content” means material such as text, software, images, audio and video, including links to that material.

 

Accuracy of Information

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All material on the Website is provided in good faith. It is derived from sources believed to be accurate and current as at the date of publication. Your use of the Website is at your sole risk. Access to the Website is provided on an 'as available' basis. Neither M.B.T its related bodies corporate nor its or their directors or employees make any representation or warranty that (i) any material on the Website will be reliable, accurate or complete (nor do they accept any responsibility arising in any way for errors in, or omissions from that material); or (ii) your access to the Website will be uninterrupted, timely or secure. M.B.T will not be liable for loss resulting from any action or decision by you in reliance on the information on the Website, nor any interruption, delay in operation or transmission, virus, communications failure, Internet access difficulties, or malfunction in equipment or software.

 

Product Descriptions

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M.B.T and its related bodies corporate attempt to be as accurate as possible in the description of products. However, M.B.T does not warrant that product descriptions are accurate, complete, reliable, current, or error-free.

 

Limitation of Liability

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The Trade Practices Act and similar state and territory legislation in Australia may confer rights and remedies on you in relation to the provision by M.B.T of goods or services on the web site which cannot be excluded, restricted or modified ("Non-excludable Rights"). M.B.T does not exclude any Non-excludable Rights but does exclude all other conditions and warranties implied by custom, law or statute.

 

Except as provided for by the Non-excludable Rights: (a) all Content is provided "as is" and “as available” without warranties or guarantees of any kind, either express or implied, (b) M.B.T and its suppliers expressly disclaim all warranties of any kind, including but not limited to implied warranties of merchantability and fitness for a particular purpose, (c) M.B.T does not warrant that the functions contained in any Content or any Communications Facility or your access to the Website will be uninterrupted or error-free, that any defects will be corrected or that the Website or the server which stores and transmits Content to you are free of viruses or any other harmful components, (d) M.B.T does not warrant or make any representation regarding your access to, or the results of your access to, the Website (including any related or linked web sites) or any Content in terms of correctness, accuracy, timeliness, completeness, reliability or otherwise, and (e) you (and not M.B.T) assume the entire cost of any necessary verification, maintenance, repair and/or correction of any relevant Content.

 

To the maximum extent permitted by law, under no circumstances (including but not limited to any act or omission on the part of M.B.T) will M.B.T or its related bodies corporate be liable for any indirect, incidental, special and/or consequential damages or loss of profits, revenue or goodwill whatsoever which result from any use or access of, or any inability to use or access, the Web Site or any Content. You expressly acknowledge and agree that M.B.T does not exert control over users of the Website (including individuals referred to on the Website as guests and experts) and is not liable either for their opinions or their behaviour, including any information and/or advice and any defamatory statements or offensive conduct.

 

To the maximum extent permitted by law, M.B.T‘s liability for breach of any implied warranty or condition which cannot be excluded is limited, at the option of M.B.T, to the following:

 

in the case of services supplied or offered by M.B.T, (a) the supply of the services again, or (b) the payment of the cost of having services supplied again; and

in the case of goods supplied or offered by M.B.T, (a) the replacement of the goods or the supply of equivalent goods, (b) the repair of such goods, (c) the payment of the cost of replacing the goods or acquiring equivalent goods, or (d) the payment of the cost of having the goods repaired.

Indemnity

You agree to indemnify and hold harmless M.B.T and its related bodies corporate (and the officers, agents, partners and employees of each of these) against any and all loss, liability, claim or demand arising out of or in connection with your use and access to the Website.

 

Copyright

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The material provided on the Website is copyright protected. You may only use this material for your own private and non-commercial purposes. Except for the temporary copy held in the computer's cache and a single permanent copy for your personal reference, the material may not otherwise be used, copied, reproduced, 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 M.B.T or the appropriate supplier or licensor of M.B.T.

 

You may not use any part of the Content on the Website 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 M.B.T or its software suppliers and is protected by Australian and international copyright laws.

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Copyright © 2020 M.B.T-TripleSeven Pty Ltd. All rights reserved. The product images shown are for illustration purposes only and may not be an exact representation of the product. M.B.T reserves the right to change product images and specifications at any time without notice.

 

Trademarks

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The M.B.T logo and the logos of the M.B.T products are registered trademarks of M.B.T or its related bodies corporate. Other trademarks may be displayed on the Website from time to time. These may belong to third parties. Nothing displayed on the Website 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 Account, Membership and/or Registration

In consideration of your use of the Website, you agree to:

 

provide true, accurate, current and complete information about yourself as prompted by the web site’s registration form (such information being the "Registration Data"); and

maintain and promptly update the Registration Data to keep it true, accurate, current and complete.

In particular to register, you must provide your real name and email address. If you provide any information that is untrue, inaccurate, not current or incomplete, or M.B.T has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, M.B.T has the right to suspend or terminate your account and refuse any and all current or future use of the Website (or any portion thereof).

 

If you use this Website, you are responsible for maintaining the confidentiality of your Registration Data and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password.

 

Electronic Communications and Your Conduct

When you visit the Website or send an 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 Website. 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 Website may contain electronic bulletin boards, chat rooms and other communication facilities which provide for feedback by users to M.B.T, 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 Website 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.

M.B.T may from time to time monitor or review the contents of its Communication Facilities. While M.B.T reserves its right to edit, refuse to post or to remove any information and/or materials (in whole or in part) that in M.B.T’s sole discretion is in any way objectionable or in violation of any applicable law or the Terms of Use, M.B.T has no obligation whatsoever to monitor any Communication Facility or to edit, delete or refuse to post such contents, nor is M.B.T responsible for any contents in any Communication Facilities (including any information, comments and/or advice of any individual referred to as guest or expert whose statements on the web site are solely their own). You expressly acknowledge and agree that the Communication Facilities provide a means of public and not private communications.

 

M.B.T 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.

 

Contributions

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M.B.T may permit you to make share, publish, post, store or upload information including data, text, video, still images, audio or other material on the Website (“Contributions”). You retain sole responsibility for and accept all liability for all Contributions you make to the Website and M.B.T disclaims any and all liability in connection with Contributions. M.B.T assumes no responsibility for monitoring any Contributions, and does not endorse the information Contributions. M.B.T is under no obligation to treat your Contribution as confidential.

 

M.B.T may at any time, without liability to you, remove, alter or disable access to any or all of your Contributions in its sole discretion without prior notice to you.

 

User Licence To M.B.T

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By placing any Contributions, information or other material on the Website (including posting messages, uploading files, inputting data or engaging in any other form of communication), you grant to M.B.T and its related bodies corporate a perpetual, royalty-free, non-exclusive, irrevocable, unrestricted, worldwide licence to do the following in respect of the Contributions, information or material:

 

use, copy, sublicense, redistribute, adapt, transmit, publish and/or broadcast, publicly perform or display, and

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 M.B.T and any other party authorised by M.B.T 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 M.B.T, you will execute and deliver to M.B.T such instruments and take such other actions as may be required to carry out this grant of licence and waiver.

 

Online Security

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At M.B.T 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.

 

M.B.T 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 M.B.T 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

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All items purchased from M.B.T 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.

 

GST

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Unless stated to be otherwise, charges referred to for use of any services or purchase of any product provided by M.B.T are GST inclusive. M.B.T 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

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Hyperlinks and pointers to web sites operated by third parties will appear on M.B.T from time to time. These web sites do not form part of the Website and are not under the control of M.B.T or its related bodies corporate and neither M.B.T 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 Website and do so entirely at your own risk.

 

The Website displays 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 M.B.T or its related bodies corporate 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 Website, including via email, M.B.T 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

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M.B.T endeavours to maintain 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 erroneous information.

 

Delivery

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In rural and regional areas of Australia, delivery times for Express Parcel Services 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

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M.B.T will accept returns in accordance with Victorian and Australian law. Returns are also accepted with prior approval from M.B.T where a return authority number will be issued and must be with 14 days of invoice. The item must be unused and the packaging in new condition.

 

Repairs and Warranties

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If a product is faulty please contact us immediately so as to authorize a repair or replacement. If an item arrives and is faulty on arrival please contact us within 14 days so we can arrange a replacement or repair.

 

 

M.B.T Gift Card Terms and Conditions of use

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Gift Card Overview

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The Terms of Use govern the use of your M.B.T Gift Card and we reserve the right to amend these Terms of Use, at our discretion, from time to time. Below is the most recent version of the M.B.T Gift Card Terms and Conditions, please contact us  or by email at admin@mybubbletea.com.au should you have any queries. We recommend that you read these conditions carefully before using your M.B.T Gift Card.

 

Gift Card Definitions and Interpretation

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Gift Card Acceptance of Terms of Use

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These Terms of Use apply to every M.B.T Gift Card.

 

By purchasing, Redeeming or attempting to Redeem a M.B.T Gift Card or enquiring as to the Card Balance on a M.B.T Gift Card, you:

 

accept and agree to be bound by these Terms of Use;

acknowledge that you have read and understood the M.B.T Privacy Policy; and

warrant to us that you will comply with these Terms of Use and all applicable laws and that the M.B.T Gift Card will not be used in any manner which is unlawful, misleading, deceptive, unfair or otherwise harmful to consumers.

If you intend to give a M.B.T Gift Card to another person, you should ensure that the person is aware of these Terms of Use and the Expiry Date.

 

Purchasing a M.B.T Gift Card

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M.B.T Gift Cards can be purchased online via the Website.

 

 

Your M.B.T Gift Card is valid for use 12 months from date of purchase. The date of purchase will be written on the M.B.T Gift Card. Any remaining or unspent credit cannot be used or Redeemed after the expiry date.

 

Redeeming your M.B.T Gift Card

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Your M.B.T Gift Card can be Redeemed for goods and services from M.B.T website up to the amount of the Card Balance. Any credit Redeemed is deducted from the Card Balance.

 

Your M.B.T Gift Card may be Redeemed for goods and services from the Website by entering the Serial Number and the PIN when prompted to do so by the Website. Your use of the M.B.T Gift Card to acquire goods and services from the Website is at all times governed by the Website’s terms of use.

 

Where the price of the goods or services being purchased with a M.B.T Gift Card exceeds the Card Balance, you must pay the amount exceeding the Card Balance by an alternative method, subject to acceptance of such alternative method by the Website in its absolute discretion (whichever is applicable).

 

The resale of M.B.T Gift Cards is strictly prohibited, except with our prior written consent. Subject to our prior written consent, M.B.T Gift Cards can not be sold for more than the value of the credit which was originally loaded on to it. M.B.T Gift Cards which are resold in breach of this clause will be invalid with the result that purchasers of such M.B.T Gift Cards will not be able to use or Redeem the Card Balance on their M.B.T Gift Card.

 

The use of M.B.T Gift Cards is restricted to the purchase of standard retail quantities of M.B.T goods and services.

 

No re-loading of M.B.T Gift Cards and no cash advances

Credit may be loaded on to a M.B.T Gift Card only once. Once the Card Balance of a M.B.T gift Card has reached a nil balance, it can not be reused, re-loaded or re-activated.

 

You can not obtain any cash advance with a M.B.T Gift Card or Redeem (in whole or in part) a M.B.T Gift Card for cash.

 

Gift Card Balance enquiries

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You can check the Card Balance, Expiry Date and transaction history of your M.B.T Gift Card by speaking to one of our staff in-store, visiting our Website or contacting us via email.

 

To make any of the above enquires; you must provide the Serial Number and the PIN of the M.B.T Gift Card.

 

Lost, stolen or damaged M.B.T Gift Cards

You must treat your M.B.T Gift Card like cash. If your M.B.T Gift Card is lost, stolen or damaged, please contact us  from which you purchased the M.B.T Gift Card or the person or organisation who gave you the M.B.T Gift Card. However, we have no obligation to replace the lost, stolen or damaged M.B.T Gift Card or reimburse you for the amount of the Card Balance on such M.B.T Gift Card except where the M.B.T Gift Card is proven to be faulty or damaged as a result of the production process or otherwise due to the fault of us, our agents or contractors and we have breached any condition or warranty implied under any relevant and applicable consumer protection legislation which can not be excluded in these Terms of Use.

 

We reserve the right to deactivate your M.B.T Gift Card if:

 

(a) you inform us that your M.B.T Gift Card has been lost, stolen or damaged; or

 

(b) we reasonably believe that you have used, or will use, your M.B.T Gift Card in breach of these Terms of Use.

 

Gift Card Liability

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You are responsible for the use and safety of your M.B.T Gift Card and are liable for all transactions made on your M.B.T Gift Card, except to the extent to which there has been fraud or negligence by us or any of our employees.

 

Subject at all times to the exceptions in clause below, we are not liable to you for any loss or damage (whether direct, indirect, consequential or special) either in negligence, other tort, breach of contract, breach of warranty or for any other reason or cause whatsoever, arising out of or in connection with a M.B.T Gift Card, these Terms of Use or your use of the Website, including any loss or corruption of data, interference with or damage to your computer or any interruption, delay or failure in the Website.

 

The exclusion of our liability in clause above only applies to the extent permitted by law. Where any relevant and applicable consumer protection legislation implies any condition or warranty that can not be excluded in these Terms of Use, we limit our liability for breach of any such implied conditions or warranties to the re-supply of the services (or costs thereof). Any liability we have to you will be reduced by the extent (if any) to which you caused or contributed to the loss or damage. This clause 9 will apply even after these Terms of Use are no longer in effect.

 

Gift Card Relationship with M.B.T

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M.B.T Gift Cards may be used as personal or business gifts but may not be used in connection with any marketing, advertising or other promotional activities (including, without limitation, internet advertisements, emails, websites, telemarketing, direct mail, newspaper and magazine advertisements and radio and television broadcasts) unless you have obtained our prior written consent. M.B.T Gift Cards that are used in marketing, advertising or other promotional activities in breach of this clause 10.1 will be invalid with the result that recipients of such M.B.T Gift Cards will be unable to Redeem the credit loaded on the M.B.T Gift Cards.

 

Use of our name or brands or any names, logos or design in relation to M.B.T Gift Cards (except when used in connection with the purchase or use of M.B.T Gift Cards pursuant to these Terms of Use), is strictly prohibited.

 

You must not use a M.B.T Gift Card in any manner that states or implies that any person, website, business, product or service is endorsed, sponsored or otherwise affiliated with us or any of our subsidiaries or affiliates.

 

Gift Card Questions and complaints

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If you would like more information about using your M.B.T Gift Card or if you wish to make a complaint in relation to your M.B.T Gift Card, please contact us by website or email at admin@mybubbletea.com.au.

 

Any complaints about goods or services purchased with a M.B.T Gift Card should, in the first instance, be resolved directly with the store from which the goods or services were purchased.

 

Gift Card General Provisions

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These Terms of Use are governed by and will be construed in accordance with the applicable law in the State of Victoria, Australia, irrespective of where a M.B.T Gift Card is purchased or used. In any action or other legal process with respect to any matter or thing in connection with these Terms of Use, you irrevocably submit to the authority of the Courts having jurisdiction in the State of Victoria, Australia.

 

Nothing in these Terms of Use affects any rights you may have and which by law cannot be excluded including the Competition and Consumer Act 2010.

 

If part of all of any clause of these Terms of Use is illegal, invalid or unenforceable then it will be read down to the extent necessary to ensure that it is not illegal, invalid or unenforceable, but if that is not possible, it will be severed from these Terms of Use and the remaining clauses in these Terms of Use will continue to have full force and effect.