Overview:
This online marketplace (“Marketplace”) is operated by myroast™ (“MyRoast”). Throughout the site, the terms “we”, “us” and “our” refers to MyRoast and the Marketplace. The Marketplace allows third parties (“Seller”) to create accounts, offer, sell and ship their products to customers (“Customer”).
These terms of service (“Terms of Service”) govern the use of the Marketplace and apply to all users of the Marketplace including without limitation, Seller, Customer, merchants, browsers and / or contributors of content (Collectively, the “User(s)”). Throughout the site, the terms “you” and “your” refers to the User(s).
By using or accessing any part of the Marketplace, you agree to be bound by the Terms of Service. Please read these Terms of Service carefully before accessing or using the Marketplace. If you do not agree to the Terms of Service, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
You can review the most current version of the Terms of Service at any time on this page. MyRoast reserves the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to the Marketplace. It is your responsibility to check this page periodically for changes. Your continued use of or access to the Marketplace following the posting of any changes constitutes acceptance of those changes.
Online Environment:
By agreeing to these Terms of Service, you 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 any of your minor dependents to use this site.
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Marketplace, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms of Service will result in an immediate termination of your services.
General Conditions:
We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Marketplace without express written permission by MyRoast.
Seller Conditions:
In addition to the Terms of Service, by using the Marketplace, Sellers whom register to use the Marketplace agree to be bound by the seller terms and conditions (“Seller Terms and Conditions”). The Seller Terms and Conditions are incorporated into the Terms of Service by reference.
Account Creation:
Customers and Sellers must create an account to buy and / or sell products on the Marketplace. By creating an account, Customers and Sellers represent and warrant that all information provided is accurate and complete. Customers and Sellers are responsible for maintaining the confidentiality of their account information and for any activities that occur under their account.
Ordering:
Customers may place an order for products through the Marketplace. Sellers are responsible for fulfilling Customer orders and for ensuring that the products are delivered to the Customer in a timely and satisfactory manner.
We reserve the right to refuse any order you place with us. We may, in our sole discretion, 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 contacting the e‑mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
Shipping Policy:
MyRoast has a shipping policy (“Shipping Policy”), which is incorporated into these Terms of Service by reference. The Shipping Policy sets forth the terms and conditions for the delivery of products purchased through the Marketplace.
Return and Refund Policy:
MyRoast has a return and refund policy (“Return and Refund Policy”), which is incorporated into these Terms of Service by reference. The Return and Refund Policy sets forth the circumstances under which Customers may return and receive a refund for a product purchased through the Marketplace.
Privacy Policy:
MyRoast has a privacy policy (“Privacy Policy”), which is incorporated into these Terms of Service by reference. Submission of personal information through the Marketplace is governed by our Privacy Policy. The Privacy Policy sets forth the types of information MyRoast collects and how the information is used and shared.
Complaints Policy:
MyRoast has a complaints policy (“Complaints Policy”), which is incorporated into these Terms of Service by reference. MyRoast takes all complaints seriously and are committed to resolving them in a timely and efficient manner.
Admin Fee Policy:
MyRoast has an admin fee policy (“Admin Fee Policy”), which is incorporated into these Terms of Service by reference.
MyRoast will collect payment from Customers for all products sold through the Marketplace and will disburse the net proceeds to Seller, less any applicable fees or commissions for using the Marketplace (“Admin Fee”). The Admin Fee structure and payment terms are subject to change at the discretion of MyRoast. For more information, please refer to the Admin Fee Policy.
Payment:
MyRoast uses a third-party payment processor to process payments. MyRoast is not responsible for any errors or issues with the payment processor. All payments are subject to the terms and conditions of that payment processor.
Accuracy, Completeness and Timeliness of Information:
MyRoast attempts to be as accurate as possible in describing the products available for sale.
However, MyRoast does not guarantee that the descriptions are accurate, complete, reliable, current, or error-free, and is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information.
Any reliance on the material on the Marketplace is at your own risk. However, if you receive a product that is not as described, you should contact the Seller directly.
We reserve the right to modify the contents of the Marketplace at any time, but we have no obligation to update any information on the Marketplace. You agree that it is your responsibility to monitor changes to the Marketplace.
Products and Services:
Certain products or services may be available exclusively on the Marketplace. These products or services may have limited quantities and are subject to return or exchange only according to our Return and Refund Policy.
We have made every effort to display as accurately as possible the colours and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any colour will be accurate.
We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on the Marketplace is void where prohibited.
MyRoast does not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors will be corrected.
Modifications to the Service and Prices:
Prices for products on the Marketplace are subject to change without notice.
MyRoast reserves the right at any time to modify or discontinue products offered on the Marketplace (or any part or content thereof) without notice at any time.
MyRoast shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of products offered on the Marketplace.
Third Party Tools:
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
You acknowledge and 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).
We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.
Third Party Links:
Certain content, products and services available via the Marketplace may include materials from third-parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's 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.
User Comments, Feedback and Other Submissions:
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libellous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libellous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may 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.
Errors, Inaccuracies and Inconsistencies:
Occasionally there may be information on our Marketplace that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information on the Marketplace is inaccurate at any time without prior notice (including after you have submitted your order).
MyRoast undertakes no obligation to update, amend or clarify information on the Marketplace, including without limitation, pricing information, except as required by law. No specified update or refresh date applied on the Marketplace, should be taken to indicate that all information in the Marketplace or on any related website has been modified or updated.
Prohibited Uses:
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Marketplace or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Marketplace or any related website for violating any of the prohibited uses.
Disclaimer of Warranties:
The Marketplace is provided on an “as is” and “as available” basis. MyRoast makes no representations or warranties of any kind, express or implied, as to the operation of the Marketplace or the information, content, materials, or products included on the Marketplace. MyRoast does not warrant that the Marketplace will be uninterrupted or error-free.
You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) 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.
Limitation of Liability:
In no case shall MyRoast, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors 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 the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, 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 the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. 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.
Severability:
In the event that any provision of these Terms of Service 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 of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
Indemnification:
You agree to indemnify, defend and hold harmless MyRoast and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable legal fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
Changes to Terms of Service:
You can review the most current version of the Terms of Service at any time at this page.
MyRoast reserves the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
Termination:
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our services, or when you cease using the Marketplace.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
Entire Agreement:
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to the service constitutes the entire agreement and understanding between you and us and govern your use of the service, 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 of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
Governing Law:
These Terms of Service shall be governed by and construed in accordance with the laws of the Queensland, Australia.
Contact Information:
If you have any questions or concerns about the Terms of Service, please contact us at [email protected].
Effective Date: 1 January 2023
By using the Marketplace, Customers and Sellers acknowledge that they have read and agree to these Terms of Service.