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Terms and conditions

TradingGrapes Pty Ltd 

Effective Date: 27th February 2024 

 

Thank you for choosing to be part of our community at TradingGrapes (“TradingGrapes Pty Ltd”, “TradingGrapes”, "us", "we", or "our").  

 

When you visit our website https://www.tradinggrapes.com/ and https://www.tradinggrapes.com.au/ (the “website”), and more generally, use any of our services (the "Services", “Service” which include the website), these Terms and Conditions ("Terms", "Terms and Conditions") govern your relationship with us. 

  

It’s important to remember that by accessing or using the Services you agree to be bound by these Terms. If you disagree with any part of the terms then you may not access the Service.  

Further, your access to and use of our services is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Services, so we encourage you to please read these Terms and Conditions carefully before using our Services.  

  

Purchases 

If you wish to purchase any product or service made available through the Services ("Purchase"), you may be asked to supply certain information relevant to your Purchase including, without limitation, your credit card number, the expiration date of your credit card, your billing address, and your shipping information. 

  

You represent and warrant that: (i) you have the legal right to use any credit card(s) or other payment method(s) in connection with any Purchase; and that (ii) the information you supply to us is true, correct and complete. 

  

By submitting such information, you grant us the right to provide the information to third parties for purposes of facilitating the completion of Purchases.  

  

To the maximum extent permitted by law, and except to the extent that such liability cannot be excluded under the Competition and Consumer Act 2010 (Cth) we reserve the right to refuse or cancel your order at any time for certain reasons including but not limited to: product or service availability, errors in the description or price of the product or service, error in your order or other reasons.

  

We reserve the right to refuse or cancel your order if fraud or an unauthorised or illegal transaction is suspected. 

 

Availability, Errors and Inaccuracies 

We are constantly updating our offerings of products and services on the Services we provide. The products or services available on our Services may be mispriced, described inaccurately, or unavailable, and we may experience delays in updating information on the Services and in our advertising on other websites. 

  

We cannot and do not guarantee the accuracy or completeness of any information, including but not limited to prices, product images, specifications, availability, and services. Further, we cannot and do not guarantee the provenance, authenticity, optimal storage conditions, quality or 'fault' free condition of any of the products or services on the Services we provide.  

 

We reserve the right to change or update information at our sole discretion and to correct errors, inaccuracies, or omissions at any time without prior notice. 

  

Contests, Sweepstakes and Promotions 

Any contests, sweepstakes or other promotions (collectively, "Promotions") made available through the Serviced may be governed by rules that are separate from these Terms. If you participate in any Promotions, please review the applicable rules as well as our Privacy Policy. If the rules for a Promotion conflict with these Terms, the Promotion rules will apply. 

  

Content 

Our Services may allow you to post, link, store, share and otherwise make available certain information, text, graphics, videos, or other material ("Content"). You are responsible for the Content that you post to the Services, including its legality, reliability, and appropriateness. 

  

By posting Content to the Services, you grant us the right and license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content on and through the Services. You retain any and all of your rights to any Content you submit, post or display on or through the Services and you are responsible for protecting those rights. You agree that this license includes the right for us to make your Content available to other users of the Services, who may also use your Content subject to these Terms. 

  

You represent and warrant that: (i) the Content is yours (you own it) or you have the right to use it and grant us the rights and license as provided in these Terms, and (ii) the posting of your Content on or through the Services does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person. 

  

Accounts 

When you create an account with us, you must provide us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your account on our Services. 

 

You are responsible for safeguarding the password that you use to access the Services and for any activities or actions under your password, whether your password is with our Services or a third-party service. 

  

You agree not to disclose your password to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account. 

  

You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trade mark that is subject to any rights of another person or entity other than you without appropriate authorization, or a name that is otherwise offensive, vulgar or obscene. 

  

Intellectual Property 

The Services and its original content (excluding Content provided by users), features and functionality are and will remain the exclusive property of TradingGrapes Pty Ltd and its licensors. The Services are protected, as applicable, by copyright, trademark, and other laws. Our trademarks and trade dress may not be used in connection with any product or service without our prior written consent. 

  

Links To Other Websites 

Our Service may contain links to third-party websites or services that are not owned or controlled by us. 

We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third party websites or services. You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such websites or services. 

We strongly advise you to read the terms and conditions and privacy policies of any third party websites or services that you visit or use in connection with our Services. 

  

Termination 

We may terminate or suspend your account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms. 

Upon termination, your right to use the Services will immediately cease. If you wish to terminate your account, you may simply discontinue using the Services. 

  

Limitation Of Liability 

In no event shall we, including our directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Services; (ii) any conduct or content of any third party on the Services; (iii) any content obtained from the Services; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose. 

  

Disclaimer 

You acknowledge that our services are not intended to attract or be offered to anyone in any jurisdiction in which we are not able to market our services.  

 

You also acknowledge that we do not provide investment advice, recommendations or refunds. The value of investments can go up as well as down and you may receive back less than your original investment. Moreover, the tax on your investments depends on your individual circumstances and may be subject to change, and is your exclusive responsibility to manage.  

 

Further, your use of the Services is at your sole risk. The Services are provided on an "AS IS" and "AS AVAILABLE" basis. The Services are provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance. 

 

We and our subsidiaries, affiliates, and licensors do not warrant that a) the Services will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Services are free of viruses or other harmful components; or d) the results of using the Services will meet your requirements. 

  

Governing Law and Jurisdiction 

These Terms and Conditions are governed and construed in accordance with the laws of New South Wales, Australia, without regard to its conflict of law provisions. You agree to the exclusive jurisdiction of the courts exercising jurisdiction in New South Wales, and any court that may hear appeals from any of those courts, for any proceedings in connection with these Terms and Conditions. 

  

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Services and supersede and replace any prior agreements we might have between us regarding the Services. 

  

Changes 

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will try to provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion. 

By continuing to access or use our Services after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please stop using the Services. 

  

Contact Us 

If you have any questions about these Terms, please contact us: 

By email: hello@tradinggrapes.com 

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