Policies: Sample Coffee Roasters

PRIVACY POLICY

Last updated August 2022

At Sample Coffee (Sample Coffee Roasters Pty Ltd ABN 11 601 799 062, Sample Brew Crew Pty Ltd ABN 33 660 721 353 and Sample Coffee/Old Gold ABN 48 911 471 365, also referred to as “we”, “our”, “us”) we value our coffee as much as your privacy. That’s why we take very seriously the protection of the personal information that you provide to us when purchasing our products and using our website or mobile site (https://samplecoffee.com.au/).

This document (the “Privacy Policy”, or just referred to as “Privacy’ is not as fun to read as our brew guides but it’s important to set some things straight from the beginning, so we’ve tried to make it as simple and digestible as possible. Bear with us while we let you know how we collect, use, share and manage your personal information.

By providing personal information directly to us and by using our website or our mobile site, you consent to the collection of your personal information by Sample Coffee and its use and disclosure in accordance with this Privacy Policy.

You warrant that the personal information you provide to us is your own or if you provide us with the personal information of another individual, for example where you advise us to deliver to an address that is not your own or where you refer a friend, you must ensure you obtain the individual’s consent to provide their personal information to us. You agree to take reasonable steps to ensure, where you share the personal information of another individual to us, that they are made aware of the matters set out in this Privacy Policy.

You have rights in relation to how we use your personal information, which you can read more about below

Age

By using our website or mobile site you represent that you are at least 16 years of age. We do not knowingly advertise to, or collect personal information from, any individual under the age of 16. If we become aware that we have collected personal information from you and you are under the age of 16, we will suspend any services we are providing to you and delete your personal information immediately.

THE PERSONAL INFORMATION WE COLLECT, HOW AND WHY

Personal Information We Collect

The following are the kinds of personal information we may collect from you:

Account login and contact details such as your name, preferred name, company name, email address, telephone number, shipping address, billing address.
Payment or credit card information.
Gift card recipient and friend referral details such as name, email address, personal information you may include in any personalised message you provide.
Purchase history, purchase motivations, personal preferences such as cart contents.
Social media details such as Instagram handles, profile name.
Images, photos, user generated content.
Device information such as IP address, device ID and type, device location, website activity logs, network access, device storage information, referrer, domain, browser type, language, previously visited pages on our website or mobile site, interaction with our website through click behaviour, country, time zone.

How We Do It

We collect this personal information from you when you:

Access and use our website and mobile site via the use of Cookies (the data files placed on your device or computer to track information, see our Cookies Policy for further information), Log Files (which track actions occurring on our website or mobile site), Web Beacons, Tags and Pixels (electronic files used to record information about how you browse our website or mobile site).
Create an account, place an order with us via your account (subscriptions) or as a guest (shop) and/or request a refund.
Participate in our promotions.
Refer a friend.
Rate and/or review our products.
Join our mailing list.
Contact us with an enquiry or complaint.
Engage with us on social media.
Engage with us through third-party support platforms, such as ordering at our cafes with Mr Yum.
Respond to a survey conducted by us or a third party on our behalf.

Why We Do It

We collect this personal information from you in order to provide you with our products (which are good for the world, good for people and good for your bum!) and also to:

Process your order for our products including verifying your credit card.
Provide you with our products including arranging delivery or a return.
Notify you regarding the status of your order.
Respond to your enquiry or complaint.
Use your image, photo, user generated content to promote our products and services, when you provide your express consent for us to do so via direct message on social media or via email.
Verify ratings and/or reviews when you rate or review our products.
Update you with news about our store, website and products, special events, promotions and offers when you opt-in to marketing, for example, you may opt-in when making a purchase by selecting a check box to receive news and offers from us or by signing up to our mailing list.
Engage with you on social media.
Screen orders for potential risk or fraud.
Improve and optimise our website and mobile site.
Market research and analytics to enhance our product offering, to assess the success of our marketing and advertising campaigns, better understand our customers to guide our strategy and decision making and market our products to you.
Accounting, audit, legal and internal business purposes.

MARKETING

Sell

We do not sell your personal information to third parties.

Direct Marketing

Where we collect your personal information for marketing purposes, we will always give you the opportunity to opt-in (subscribe) or opt-out (unsubscribe) to receiving such communications directly or indirectly.

At Sample Coffee we want to communicate with you only if you want to hear from us (we know what that feels like: spammy) so if you change your mind and no longer wish to receive communications from us, you can:

Click the unsubscribe (sometimes also known as “manage subscription” or “opt-out”) button in the emails we send you (generally found on the footer).
Contact us at [email protected].

If you opt-out of receiving marketing communications from us, your personal information will not be used for marketing but may still be used for the other purposes described in this Privacy Policy (such as fulfilment of orders).

Targeted Marketing

We don’t engage in targeted marketing practices—some may think we’re silly for taking advantage of this opportunity to expand our business but, hey, word of mouth and social media presence work well enough for us right now.

In case we change our mind in the future, here’s a site that lets you opt out of targeted advertising platforms such as Facebook, Google, Bing, Instagram, Youtube, etc.: the Digital Advertising Alliance’s opt-out portal (http://optout.aboutads.info/).

DISCLOSURE TO THIRD PARTIES & CROSS-BORDERS

We share your personal information with our employees, who ship your order from our St Peters roastery and warehouse, and with third parties, where required, to ensure we are providing the best products and services to you. These third parties include:

Service providers or persons who perform functions on our behalf, for example:
- Payment gateways, credit card transaction processors.
- Cloud or other storage providers.
- Analytics, product tracking and marketing platforms, communications platforms and contractors to process data.
- Logistics and operations technology platforms and systems to transmit order and other information within our supply chain.
- Freight companies to fulfil and deliver orders to you.
Government regulatory bodies and law enforcement agencies as required, authorised or permitted by law.
Our professional advisers.
A third party that acquires or intends to acquire Sample Coffee or its assets.
Anyone else to whom you authorise us to disclose it.

We may also share or publish aggregate information that does not specifically identify you, such as statistical information about how our customers use our products or their demographic characteristics.

We reserve the right to transfer your personal information to and from any country, including Australia. We do this in order to provide our products and services to you, and also to process data and prepare it for processing in accordance with this Privacy Policy. You agree to your personal information being transferred to other countries when you share your data with us. If you later wish to withdraw your consent to this transfer, you can delete your data by contacting us via the details below.

In general, the third-party providers used by us will only collect, use and disclose your information to the extent necessary to allow them to perform the services they provide to us. Where we make a disclosure to a third party, we require that the third party agree to comply with relevant privacy laws when processing your personal information.

Third-party service providers have their own privacy policies, which will apply when they are processing your personal information. For ease, we have set out our main providers in the below list together with a link to their privacy policies (if you would like a full list of our third-party providers to whom your personal information is provided please contact us on the details below).

For these providers, we recommend that you read their privacy policies so you can understand the manner in which your personal information will be handled. In particular, certain providers may be located in or have facilities that are located a different jurisdiction than either you or us. If you elect to proceed with a transaction that involves the services of a third-party service provider, then your information may become subject to the laws of the jurisdiction(s) in which that service provider or its facilities are located.

List of Third Party Providers

Amazon Web Services
United States
We use AWS as a cloud hosting platform for our website and subscription/eCommerce platform, which is custom designed by us.
https://aws.amazon.com/privacy/

Salesforce Inc (Heroku)
United States
We use Salesforce as our cloud computing platform for our website and subscription/eCommerce platform, which is custom designed by us.
https://www.salesforce.com/company/privacy

Google Inc
United States
We use Google to store and file our documents and we use analytics to understand how customers use our website and data analysis (information used in data analysis is anonymised). You can opt-out of Google analytics here:
https://tools.google.com/dlpage/gaoptout
https://www.google.com/intl/en/policies/privacy/

Stripe
United States
We use Stripe for payment processing and secure storage of customer payment information (including encryption).
https://stripe.com/au/privacy

Mailchimp
United States
We use Mailchimp to manage our email subscribers’ list and to send out marketing emails.
https://www.intuit.com/privacy/statement/

Mr Yum
Australia
We use Mr Yum to receive in-cafe orders, when you use the QR codes and devices on each table/seat location.
https://www.mryum.com/privacy-policy-au

Ordermentum
Australia
We use Ordermentum to receive and process wholesale orders.
https://www.ordermentum.com/privacy-policy

Australia Post
Australia
We use Australia Post to generate shipping labels and deliver the products purchased through our website, including the generation of shipping notifications and tracking information.
https://auspost.com.au/privacy

Once you leave our website or mobile site or are redirected to a third-party website or application, you are no longer governed by this Privacy Policy or our Terms of Service.

YOUR RIGHTS

Disclosure of Your Personal Information

You may request that we disclose to you the personal information that we hold about you.

We may limit or reject your request in certain cases, including without limitation where the burden or expense of providing access would be disproportionate to the risks to your privacy in the case in question, where the rights of other persons would be violated or as required by law.

To make a request contact us via the contact details below.

Correction and/or Update

While we take reasonable measures to ensure that your personal information is complete and up to date, please notify us if your personal information held by us is inaccurate or incomplete.

You may update or correct your personal information by logging into your account or contacting us with your request via the contact details below.

Please Forget Me

You may request that we delete your personal information that we hold, that is, you can request that we forget you. If you make a request, we will delete your personal information that we hold except for information we are allowed to retain by law.

You may withdraw your consent or opt out of receiving communications from us at any time. If you withdraw your consent or opt out, we will no longer send you marketing communications however, we will still communicate with you where it is necessary to complete our contract with you, for example, to fulfill your order for our products.

What Happens When You Exercise Your Rights

When you exercise any of your rights in relation to your personal information, we will continue to provide you with, insofar as is possible, the same high standard of service as all our customers experience.

However, you acknowledge that where you do not supply certain information requested by us or request its deletion, we may be delayed or prevented from finalising your order or satisfying your request or enquiry. For example, if you do not provide us with a delivery address, we cannot deliver our product to you until we have an address to deliver to.

Complaints

If you have a complaint about the way in which we handle your personal information, please contact us via the contact details below.

Verifying it Is You

We take privacy seriously here, so when you contact us to make an enquiry or to exercise your rights, we just want to make sure that we’re talking to the right person and this means that we may ask you some additional questions. We are sorry if this causes any inconvenience, but it’s an important step in making sure your account and personal information remains secure. Thanks in advance for your patience.

SECURITY

We take all reasonable security and organisational measures to make sure your personal information held by us is not inappropriately lost, misused, accessed, disclosed, altered or destroyed.

We use Secure Sockets Layer (SSL) technology (our online ordering system is the industry standard for encryption technology) to protect your online order information. SSL encrypts all information including your credit card and all personal information passed from you to our checkout and we follow all PCI-DSS requirements. Encryption provides you with security and peace of mind when your browser and local network supports the use of encrypted data transmissions. While we will do our bit, we suggest that you also take appropriate security precautions, in particular when you access the internet via public WI-FI networks or shared computers.

We must emphasise that no method of transmission over the internet using industry standard technology is 100% secure. Therefore, we cannot guarantee the absolute security of your personal information.

If we ever experience unauthorised access, disclosure or use of your personal information, rest assured that we have processes in place and will notify you and the relevant government body in accordance with relevant laws.

Retention

Where you provide us with your personal information, we will retain it for our records in order to provide you with our products and services and otherwise for the purposes set out under the section titled “Why We Do It” above. Generally, we will retain your personal information until you ask us to delete it, with the exception of any information that we no longer require will be destroyed securely at the time we no longer require it.

DISCLAIMER, LINKS TO OTHER WEBSITES

We may make available on our website or mobile site certain opportunities for you and other users to share information online such as on message boards, review platforms, social media, blogs. Please be aware that whenever you voluntarily disclose personal information online, that information becomes public and can be collected and used by others. We have no control over, and take no responsibility for, the use, storage or dissemination of such publicly disclosed personal information. By posting personal information online in public forums, you may receive unsolicited messages from third parties.

Sometimes our website or mobile site may contain a link to third party websites. We are not responsible for the content or material contained in, or obtained through, any third-party website or for the privacy practices of the third-party website. We suggest that you review the privacy policy of each website or mobile site that you visit.

UPDATING OUR PRIVACY POLICY

Privacy laws and our practices change over time and may result in changes to our Privacy Policy. We reserve the right to modify or vary this Privacy Policy at any time.

Any changes to this Privacy Policy will be effective upon our publication on our website and will replace any other privacy policy published by us to date. In all cases, your continued use of our services or our website or mobile site after the publication of any modified Privacy Policy indicates your acceptance of the updated Privacy Policy.

Any material changes to this Privacy Policy may be notified to you in a manner that we consider appropriate such as via email (if we have your contact information).

CONTACT

If you have any enquiries or complaints about your account (including updating your personal information), or about how we handle your personal information, you can contact our customer service team at [email protected].

Alternatively, write us at:

Sample Coffee
Suite 1.03, 75 Mary St, St Peters NSW 2044 Australia

We always aim to reply to emails as soon as we can, generally within a week or 2 (max). Replies to mail will be processed slower and subject to postal delivery times and delays. We will always endeavour to resolve any query or complaint to your satisfaction.

Our Privacy Policy is based on the requirements of the Privacy Act 1988 (Cth) (“Privacy Act”) and Australian Privacy Principles set out in the Privacy Act. If you would like further information regarding privacy laws in Australia or are not satisfied with the way in which we handle your enquiry or complaint, you can contact the Office of the Australian Privacy Commissioner via:

Telephone: 1300 363 992

Email: [email protected]

Website: http://www.privacy.gov.au

COOKIES POLICY

Last updated August 2022

This cookie notice governs how Sample Coffee (Sample Coffee Roasters Pty Ltd ABN 11 601 799 062, Sample Brew Crew Pty Ltd ABN 33 660 721 353 and Sample Coffee/Old Gold ABN 48 911 471 365, also referred to as “we”, “our”, “us”) uses cookies and other digital technologies on the https://samplecoffee.com.au/ website (the “Site”).

How we use cookies

Cookies are yum (especially those we make at the Pro Shop) and go very well with a mug of hot filter coffee! But cookies can also be small text files that can be used by websites to make a user’s experience more enjoyable and efficient. Cookies on site may be:

automatically deleted after every visit (session cookies) or remaining in place during multiple visits (persistent cookies);
delivered in a first-party (set by us) or third-party (set by another website) context.

We use cookies to provide you with essential features and services, to personalise content, recognise your browser or device, learn more about your interests, analyse our traffic and for additional purposes, including:

Recognising you when you sign-in to use our services. This allows us to display personalised content with relevant information about your orders.
Keeping track of items stored in your shopping basket.
Conducting research and diagnostics to make it easier for you to use our website.
Reporting. This allows us to measure and analyse our performance.
Assisting with promotional and marketing efforts.

We use cookies and other tracking technologies for the following purposes:

Strictly Necessary Cookies

These cookies are necessary for the website to function and cannot be switched off in our systems. They are usually only set in response to actions made by you which amount to a request for services, such as setting your privacy preferences, logging in or filling in forms. These cookies do not store any personally identifiable information.

Functional Cookies

These cookies enable the website to provide enhanced functionality and personalisation. They may be set by us or by third party providers whose services we have added to our pages. If you do not allow these cookies then some or all of these services may not function properly.

Performance Cookies

These cookies allow us to analyze your site usage so we can measure and improve performance and provide you with a better experience of our site.

These cookies are used by advertising companies to serve ads that are relevant to your interests.

We’re currently not listing the specific cookies used for that end. If you wish to know which are those, please contact us at [email protected].

TERMS AND CONDITIONS

Last updated September 2022

1. OVERVIEW

This website is operated by Sample Coffee (Sample Coffee Roasters Pty Ltd ABN 11 601 799 062, Sample Brew Crew Pty Ltd ABN 33 660 721 353 and Sample Coffee/Old Gold ABN 48 911 471 365, also referred to as “we”, “our”, “us”).

While we have a preference for simple things like a morning coffee, sometimes stuff needs to be put in writing, to the detail, to protect you as a customer and us as a business.

This document sets out our house rules, the do’s and don’ts, the nitty gritty, or what the lawyers like to call terms and conditions (or just “Terms”). We ask that you please read these carefully before proceeding with using our website or mobile site (collectively referred to as our “Site”). If you do not agree to our Terms, you must not continue to access or use our Site, online store (self-hosted), our content, products and services (collectively referred to as our “Online Store”).

2. YOUR ACCEPTANCE OF OUR TERMS

By visiting, using and/or purchasing from our Online Store, you (being a user of our Online Store, including without limitation users who are browsers, vendors, customers, merchants, and/or contributors of content):

agree to be bound by the following Terms, including those additional terms and conditions and policies referenced and/or available by hyperlink in these Terms or on our Site;
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 your minor dependents (provided the minor is at least 16 years of age) to use our Online Store;
understand that any information you provide to us (not including credit card information), may be transferred unencrypted and involve transmissions over various networks and changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks. Please refer to our Privacy Policy for how we deal with your personal information;
agree that we may refuse you access to, or provision of, our Online Store for any reason at any time; and
agree that a breach of any of these Terms may result in the immediate termination of your use of the Online Store and our provision of products and services to you.

In the unlikely (and unfortunate) event you have a dispute with us please note 21. Governing Law & Disputes, which requires that you agree to resolve any dispute you may have with us through binding confidential individual arbitration, which means that you waive all rights to have a dispute decided by a judge or jury and that you also waive your right to participate in class actions.

3. CHANGES TO TERMS

You can review the most current version of our Terms at any time on this page. We may update, change or replace any part of these Terms by posting updates and/or changes to our Site.

It is your responsibility to check this page periodically for changes. Your continued use of or access to our Online Store following the posting of any changes to our Terms constitutes acceptance of those changes.

4. ACCURACY, COMPLETENESS AND OMISSIONS

While we make every effort to ensure information is accurate and up-to-date, occasionally (remember, we are humans), there may be information on our Online Store or in the provision of our products and services that contains typographical errors, inaccuracies or omissions that may relate to product descriptions and images, pricing, promotions, offers, product shipping charges, transit times and availability.

We may correct any errors, inaccuracies or omissions, and change or update information or cancel orders if any information on our Online Store or on any related website is inaccurate at any time without prior notice (including after you have submitted your order), to the extent permitted by law.

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

5. MODIFICATIONS TO OUR ONLINE STORE AND PRICES

All prices are shown in AUD (Australian Dollar).

Prices for our products and services are subject to change without notice. Applicable taxes and shipping charges will be shown during the checkout process prior to finalising your order.

We may at any time modify or discontinue our Online Store (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 our Online Store.

There is an important exception to this! For purchases of any of our ‘subscription’ products, we will of course notify you of any changes in price or operation of the service at least 14 days before the change takes effect. If you do not cancel (or ask us to cancel) your subscription(s) during the notice period, we assume we have your implied consent and that you wish to continue.

You can manage your subscription(s) at any time by logging into our website, but if you need a hand, subscriptions may be cancelled or modified through your user page (anytime before 11.59 pm of the day before your next delivery due date) or by writing at [email protected] with at least 5 days notice prior to your following delivery due date.

6. PRODUCTS AND SERVICES

When it comes to our products and services here are some key things you need to know:

We may limit the sales of our products or services to any person, geographic region or jurisdiction and where a product or service offered on our Site is prohibited in that jurisdiction any such offering is null and void.
We may limit the quantities of any products or services that we offer and/or discontinue any product or service at any time.
Your placement of an order does not guarantee acceptance of your order by us and we may refuse any order for any reason.
All products and services are subject to availability and we may impose limits on any order, reject all or part of an order, and/or discontinue products without notice, even if you have already placed an order with us.
We may in relation to any sales and special promotions offered by us, cancel the offer at any time, refuse participation in the offer for any reason and amend the terms and conditions of the offer at any time without notice.
All products are subject to return or exchange in strict compliance with our Returns, Refunds & Repairs Policy.
All descriptions of products or product pricing are subject to change in accordance with 5. Modifications to our Online Store and Prices.
We have made every effort to display as accurately as possible the colours and images of our products that appear in our Online Store, however we cannot guarantee that your computer monitor’s display of any colour will be accurate.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations.
Delivery estimates, as the name suggests, are estimates only. Please do not rely upon them as a guaranteed delivery time.

7. ACCOUNT INFORMATION & PAYMENT, ORDERS & DELIVERY

Account Information & Payment

If you create an account with us, you agree that you are responsible for keeping your password secure. We are not liable for any loss or damage from your failure to maintain the security of your account and password.

Whether you purchase our products from time to time on a one-off basis or subscribe to a regular delivery of our products, you agree to provide current, complete and accurate purchase and account information (and update that information ASAP if it changes) for all purchases.

You must ensure that all information provided to us for the purpose of processing payments is correct and you are authorised to utilise the given payment method. You acknowledge that we are entitled to verify the authenticity of the payment information you provide (please note this not only protects us but protects you too!).

Unfortunately, if you do not provide us with accurate and up-to-date information, we may not be able to fulfill your order, contact you and may suspend or terminate your account.

Orders

We may refuse any order you place with us, or 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 using the email and/or billing/shipping address provided at the time the order was made.

We may limit or prohibit orders that appear to be placed by dealers, resellers or distributors.

Delivery

We endeavour to deliver all orders on-time, however we cannot guarantee that the third party shipping providers we use will not experience shipping delays or problems. If more than fourteen (14) days have passed since you received a shipping confirmation email from us, please contact us at [email protected] so that we may rectify the problem. You must contact us within 2 months of the shipping date for us to be able to help.

Please visit https://samplecoffee.com.au/shipping for full details on our shipping policy and practice.

8. RETURNS, REFUNDS & REPAIRS POLICY

Please visit https://samplecoffee.com.au/pages/returns for our full policy and practice details.

9. OPTIONAL TOOLS

We may provide you with access to third-party tools over which we neither monitor nor have any control nor input. You agree that we provide access to such tools “as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools. Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).

10. THIRD-PARTY LINKS

Certain content, products and services available via our Site may include materials from third-parties. Third-party links on our Site may direct you to third-party websites that are not affiliated with us (and your use of such third-party websites is subject to that third-party’s terms and conditions). We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability for any third-party materials or websites, or for any other materials, products, or services of third-parties. Please review carefully the third-party’s terms and conditions, 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.

11. USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

If you provide us with submissions (for example, an entry to a promotion), product reviews , creative ideas, suggestions, proposals, plans, or other materials (collectively, “Comments”), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium (including but not limited to publication on our Site or social media pages) any Comments that you forward to us. We are and shall be under no obligation to:

maintain any Comments in confidence;
pay compensation for any Comments; or
respond to any Comments.

We may monitor, edit or remove content that we determine are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms.

Your comments must not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary rights, or otherwise breach the matters set out in 15. Prohibited Uses. You must 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.

12. OUR CONTENT (INTELLECTUAL PROPERTY RIGHTS)

We own, or use under license, all intellectual property rights in our Site and the content we publish on it (including, but not limited to, our name and logo, images, blog content). Nothing in these Terms or your access and use of our Online Store gives you any rights in our Online Store. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of our Online Store, without express written permission by us.

13. PERSONAL INFORMATION

We take our obligations in relation to your privacy seriously and your submission of personal information through our store is governed by our Privacy Policy.

14. SMS/MMS DIRECT MARKETING

We don’t do this kind of marketing—phew!

15. PROHIBITED USES

There are just things that we have to be clear on that are absolutely unacceptable (for legal or other reasons) when using our Online Store, our Site its content, or features and tools (including but not limited to SMS/MMS marketing) provided by third parties, or where engaging with us on social media (collectively referred to as the “Platforms”). In addition to other prohibitions set out elsewhere in these Terms, you must not use the Platforms:

for any unlawful purpose (including to solicit others to perform or participate in any unlawful acts);
to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances;
to infringe upon or violate our intellectual property rights or the intellectual property rights of others;
to harass, stalk, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability;
to submit false or misleading information or otherwise act in a fraudulent manner;
to upload or transmit pirated computer programs, viruses, worms, trojan horses or any other type of malicious or harmful code that will or may be used in any way that will affect the functionality or operation of the Platforms or of any related website, other websites, or the Internet;
to collect, track, publish, share or otherwise use without express consent the personal information of others (including but not limited to health information);
to spam, phish, pharm, pretext, spider, crawl, or scrape;
to offer any product, service, or promotion that is unlawful where such product, service, or promotion thereof is received;
for any obscene, profane, lascivious, violent, hate-related, bigotry-related, or immoral purpose; or
to interfere with or circumvent the security features of the Platforms or any related website, other websites, or the Internet.

16. DISCLAIMER OF WARRANTIES & LIMITATION OF LIABILITY

We do not guarantee that your use of our Online Store will be uninterrupted, timely, secure or error-free, or that the results that may be obtained from the use of our Online Store will be accurate or reliable. From time to time we may remove our Online Store (in whole or part) for indefinite periods of time or cancel at any time, without notice to you.

Your use of, or inability to use, our Site is at your sole risk. Our Online Store including all products and services delivered to you are (except as expressly stated by us or where a warranty cannot be excluded by law) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

In no case shall Sample Coffee, our related bodies corporate, our and our related bodies corporates’ directors, officers, employees, affiliates, partners, agents, contractors, interns, suppliers, service providers or licensors (collectively referred to as the “Sample Coffee Parties”) be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of or for any other claim related in any way to our Online Store (as defined in these Terms), including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of our Online Store, even if advised of their possibility. If the Sample Coffee Parties are liable to you in any way, such liability will not exceed the total cost of our products ordered by you. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

17. INDEMNIFICATION

You agree to indemnify, defend and hold harmless the Sample Coffee Parties from any claim, demand, proceeding, loss, damages or expense (including reasonable legal fees), made by any third-party due to or arising out of your breach of these Terms or the documents they incorporate by reference, or your violation of any law or the rights of a third party.

18. SEVERABILITY

In the event that any provision of these Terms is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms, such determination shall not affect the validity and enforceability of any other remaining provisions.

19. TERMINATION & SURVIVAL

These Terms remain in force and are effective unless and until terminated by either you or us. You may terminate these Terms at any time by notifying us that you no longer wish to use our Online Store and when you cease using our Site.

While we hope that we never need to do this (because you are all rule-abiding and, basically, very dear to us and crucial to our everyday work), but if we believe you fail, or we suspect that you have failed, to comply with any part of these Terms, we may terminate these Terms immediately without notice to you and:

you will remain liable for all amounts due up to and including the date of termination; and/or
we may deny you access to our Online Store (or any part thereof).

Any obligations and liabilities of you and/or us incurred prior to the termination date of these Terms shall survive the termination of these Terms for all purposes. Further any terms by their nature and context that are intended to survive termination will survive. We have no responsibility or liability to you for any damages, loss, expense or other claim arising from the termination of these Terms or the denial of access to our Online Store.

20. ENTIRE AGREEMENT, INTERPRETATION & WAIVER

These Terms and any additional terms and conditions and policies referenced and/or available by hyperlink in these Terms or on our Site constitutes the entire agreement and understanding between you and us and govern your use of our Online Store, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms).

Any ambiguities in the interpretation of these Terms shall not be construed against the drafting party.

Any failure by us to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. What does this mean you ask? It means that if we choose not to enforce a right it does not mean we cannot enforce it at a later time.

21. GOVERNING LAW & DISPUTES

These Terms shall be governed by and construed in accordance with the laws of the State of NSW, in the Commonwealth of Australia (“Governing Law”).

To the fullest extent permitted by law, you agree to waive any right to trial by judge or jury and to class action litigation. You expressly agree to resolve any dispute (that we cannot resolve between ourselves) via individual confidential arbitration, to which the arbitrator will apply the relevant Governing Law (“Arbitration & Waiver Provision”).

You acknowledge and agree that any third party engaged by us to provide SMS/MMS marketing services is a third-party beneficiary of the Arbitration & Waiver Provision.

22. FORCE MAJEURE

Sometimes the unexpected really does happen and in the event that it does, we will be excused from performance under these Terms, to the extent we are prevented or delayed from performing, in whole or in part, as a result of that unexpected event or series of events. What might be unexpected you may ask? This includes weather conditions, acts of nature, war or terrorism, insurrection, riots, civil disorders or rebellion, pandemics, quarantines or embargoes, labour strikes, or other causes beyond our reasonable control. In the event that we are temporarily unable to ship to you a purchased item because of such an event, we will give you the option of deferring shipment or receiving a refund.

We have a variety of social media channels where we strive to create communities (see the links to our socials in the footer of our Site) where we can share information with each other and have interesting conversations about coffee and the world that surrounds it.

We do our best to talk candidly about the topics that are important to you all, listen to your feedback, answer your questions, share information and provide our perspective as a business. In return, we ask everyone to be respectful of one another.

We encourage and welcome your comment, we just ask that you share your viewpoint in a way that is respectful to us and our followers. We don’t tolerate comments that are inappropriate, off-topic, abusive, harassing, profane, defamatory, breaching intellectual property or any privacy rights, or promoting third-party sites, initiatives or products (check out what else we don’t tolerate in 15. Prohibited Uses of our Terms. We may reject or remove comments that are not in keeping with our policy and to block or ban users/followers who violate this policy.

Also, please keep in mind that we do our best to moderate and respond quickly to your comments and feedback to help ensure that users’ posts comply with our guidelines, we cannot be responsible for the accuracy or reliability of any comments or materials posted by users.

We know that’s a lot of information, but the basic idea is there is a person behind our posts and there is a person behind every profile (unless it’s a bot—the first ones to throw an unsolicited comment about crypto or investment, lol). So, let’s be nice to each other!

24. CONTACT INFORMATION

We’re here to help! Any questions about these Terms (or how to brew an awesome coffee) can be sent to us at [email protected].

SUBSCRIBER SURVEY 2023 TERMS

Last updated July 2023

Our subscriber survey is being conducted by an independent researcher. Any details provided are collected by the independent researcher, are not directly available by Sample Coffee team, and will be anonymised before being shared with Sample Coffee.

In order to enter the prize draw or participate in opt-in research interviews, your email address will be collected. It will not be used for marketing or other purposes by Sample Coffee.

One email address will be randomly chosen to receive a prize, and contacted by the Sample Coffee team to select from one of three prizes offered:

Breville Smart Grinder Pro (valued at $x); or
Breville Precision Brewer Thermal (valued at $); or
A $250 credit on their coffee subscription (credit not transferrable for cash).

Once confirmed, the prize drawn winner will be published at samplecoffee.com.au/journal (within 7 days of the main draw). If the first winner is not contactable, a second email address will be randomly selected.

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