Terms of service

These Terms & Conditions constitute an agreement between you and the Homemade Kombucha Co. (ABN 795 3214 4508). This agreement states the Terms & Conditions under which you may use the site and place orders with the Homemade Kombucha Co., including processing and delivering of products for sale.

Your use of Homemade Kombucha Co’s ordering services and the site constitutes your agreement to the terms and conditions set forth below. If you do not agree with the terms and conditions, please do not use this website.

Any orders placed through our website for products sold by the Homemade Kombucha Co. constitute complete understanding and acceptance of these Terms & Conditions.

Health Risks

The SCOBYs and starter tea culture are not sold for direct human consumption and must not be used in this way under any circumstances. The Homemade Kombucha Co. accepts no liability for any sickness, injury, death or any other harmful event attributable to direct human consumption of the SCOBY or starter tea culture.

 

Product information

We make every effort to provide you with accurate information that is complete, reliable and up to date.

It is common for SCOBYs to differ in appearance in terms of colour, shape, size and texture so it is unlikely the product will look identical to the images used on the Homemade Kombucha Co. website and social medial platforms.

Electronic communication

By providing your email to the Homemade Kombucha Co. you consent to receive communications from us electronically. The Homemade kombucha Co. may send occasional emails about orders, news, changes to services, surveys or special offers.

If you wish to opt out of receiving these emails please send us an email stating that you do not which to receive promotional communications. If you do opt-out, you will continue to receive non-promotional communication regarding the status of your orders or account.

License and proprietary rights copyright and ownership

All site content, design, text, graphics, and interfaces; the collection, selection, and arrangement thereof; and all software are the property of, or duly licensed to the Homemade Kombucha Co.

Consent is granted to view, electronically copy, and print in hard copy portions of this site for the sole purpose of placing an order with the Homemade Kombucha Co. Any other use of materials on this site, including modification, distribution, or reproduction for purposes other than those noted above, without the prior written permission of Homemade Kombucha Co. is strictly prohibited.

You acknowledge that Homemade Kombucha Co. and/or third-party providers remain the owners of such material and that you do not acquire any of those ownership rights by downloading copyrighted material. The Homemade Kombucha Co. reserves the right to revoke this authorisation at any time, and any use shall be discontinued immediately upon written notice from the Homemade Kombucha Co.

Under any breach of these terms regarding intellectual property, you agree to complete liability for damages pursued by the Homemade Kombucha Co.

Your account and personal details

You agree and accept responsibility for keeping all your account information current, including address, payment information, telephone number, and email address. You can update your account information by contacting us. You agree that you will not provide fraudulent information and that you are solely responsible for any information you provide to the Homemade Kombucha Co., and accept responsibility for all activities that occur under your account or password and for restricting access to your computer.

Entire agreement

This Agreement and any order form submitted to the Homemade Kombucha Co. represent your entire agreement with the Homemade Kombucha Co. regarding the use of the Homemade Kombucha Co. services, products, and Site. You agree that this agreement is not intended to confer and does not confer any rights or remedies upon any person other than you, the Homemade Kombucha Co. and any related entity under common control. If any portion of this agreement is held invalid or unenforceable, that portion shall be construed in accordance with applicable law as nearly as possible to reflect the original intention of the parties, and the remainder of this agreement shall remain in full force and effect. The failure of either party to insist upon strict performance of any provision of this agreement shall not be construed as a waiver of any provision or right.

Notices

The Homemade Kombucha Co. may give notice to you of a change in this agreement, a change in the Homemade Kombucha Co. cost schedule, and any other matter through a general posting on the Homemade Kombucha Co. site, by email or by social media.

Amendment

The Homemade Kombucha Co. may amend this agreement at any time by posting the amended terms on our site. All amended terms shall automatically be effective seven days after they are initially posted on our site. By using this site after the effective date of any such amendment, you agree to be bound by any such revisions and should therefore periodically visit this page to determine the then-current agreement to which you are bound.

Warranty Disclaimer & Limitation of Liability. 

YOU EXPRESSLY AGREE THAT THE USE OF THE HOMEMADE KOMBUCHA CO., THE SITE, AND THE INTERNET IS ENTIRELY AT YOUR OWN RISK. THE HOMEMADE KOMBUCHA CO., THE SITE, AND ITS CONTENTS ARE PROVIDED ON AN "AS IS," "AS AVAILABLE" BASIS.

TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE HOMEMADE KOMBUCHA CO. DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THE HOMEMADE KOMBUCHA CO., THE SITE, OR ITS CONTENTS OR WITH RESPECT TO ANY INFORMATION, SERVICES, AND PRODUCTS PROVIDED THROUGH OR IN CONNECTION WITH THE HOMEMADE KOMBUCHA CO. ONLINE ORDERING SERVICE; THE HOMEMADE KOMBUCHA CO. DOES NOT ADOPT ANY REPRESENTATION OR WARRANTY OF ANY MANUFACTURER OR MERCHANT OF ANY SUCH INFORMATION, SERVICE, OR PRODUCTS. THE HOMEMADE KOMBUCHA CO. MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND AS TO THE AVAILABILITY, ACCURACY, OR CONTENT OF ANY INFORMATION, SERVICES, OR PRODUCTS OBTAINED THROUGH THE SITE OR THE HOMEMADE KOMBUCHA CO. ONLINE ORDERING SERVICES. THE HOMEMADE KOMBUCHA CO. DOES NOT WARRANT THAT THE FUNCTIONS PROVIDED BY THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE IS FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS.

NEITHER THE HOMEMADE KOMBUCHA CO. NOR ANY OF ITS DIRECTORS, EMPLOYEES, SHAREHOLDERS, AFFILIATES, AGENTS, REPRESENTATIVES, THIRD-PARTY INFORMATION PROVIDERS, MERCHANTS, OR LICENSORS SHALL BE LIABLE FOR ANY DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, COMPENSATORY, DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES; LOSS OF DATA, INCOME, OR PROFIT; OR LOSS OR DAMAGE TO PROPERTY, ARISING OUT OF OR IN CONNECTION WITH THE USE OF, OR THE INABILITY TO USE, THE SITE, THE HOMEMADE KOMBUCHA CO. ONLINE ORDERING SERVICE, OR THE INTERNET.

YOUR SOLE AND EXCLUSIVE REMEDY HEREUNDER SHALL BE FOR YOU TO DISCONTINUE YOUR USE OF THE HOMEMADE KOMBUCHA CO. ONLINE ORDERING SERVICE AND TO TERMINATE THIS AGREEMENT. THE HOMEMADE KOMBUCHA CO. RESERVES THE RIGHT TO LIMIT YOUR ORDER OR THE QUANTITY OF A SPECIFIC PRODUCT YOU MAY ORDER. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL, INCIDENTAL, OR SPECIAL DAMAGES OR OF IMPLIED WARRANTIES, IN SUCH STATES AND JURISDICTIONS LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.