TERMS OF SERVICE

OVERVIEW

This website is operated by Lachau Pty Ltd (ACN 690 823 502) trading as VPOW Coffee. Throughout the site, the terms “we”, “us” and “our” refer to VPOW Coffee. VPOW Coffee operates this website, including all related information, content, features, tools, products, and services, in order to provide you, the customer, with a curated experience (the “Services”).
The below terms and conditions, together with any policies referenced herein (these “Terms of Service” or “Terms”), describe your rights and responsibilities when you use the Services.
Please read these Terms carefully. They include important information regarding your legal rights and cover areas such as warranty disclaimers, limitations of liability, and your mandatory rights under the Australian Consumer Law (ACL).

OVERVIEW

This website is operated by Lachau Pty Ltd (ACN 690 823 502) trading as VPOW Coffee. Throughout the site, the terms “we”, “us” and “our” refer to VPOW Coffee. VPOW Coffee operates this website, including all related information, content, features, tools, products, and services, in order to provide you, the customer, with a curated experience (the “Services”).
The below terms and conditions, together with any policies referenced herein (these “Terms of Service” or “Terms”), describe your rights and responsibilities when you use the Services.
Please read these Terms carefully. They include important information regarding your legal rights and cover areas such as warranty disclaimers, limitations of liability, and your mandatory rights under the Australian Consumer Law (ACL).

AUSTRALIAN CONSUMER LAW MANDATE

Our products and services come with guarantees that cannot be excluded under the Australian Consumer Law.
For major failures with the service, you are entitled to cancel your service contract with us and to a refund for the unused portion, or to compensation for its reduced value.
You are also entitled to choose a refund or replacement for major failures with goods. If a failure with the goods or service does not amount to a major failure, you are entitled to have the failure rectified in a reasonable time. If this is not done, you are entitled to a refund for the goods and to cancel the contract for the service and obtain a refund of any unused portion.
Nothing in these Terms excludes, restricts, or modifies any right or remedy you have under the ACL.

AUSTRALIAN CONSUMER LAW MANDATE

Our products and services come with guarantees that cannot be excluded under the Australian Consumer Law.
For major failures with the service, you are entitled to cancel your service contract with us and to a refund for the unused portion, or to compensation for its reduced value.
You are also entitled to choose a refund or replacement for major failures with goods. If a failure with the goods or service does not amount to a major failure, you are entitled to have the failure rectified in a reasonable time. If this is not done, you are entitled to a refund for the goods and to cancel the contract for the service and obtain a refund of any unused portion.
Nothing in these Terms excludes, restricts, or modifies any right or remedy you have under the ACL.

ACCESS AND ACCOUNT SECURITY

By agreeing to these Terms, you represent that you are at least the age of majority in your state or territory of residence. To use certain Services, you may be asked to provide information such as your email address, billing, payment, and shipping information. You represent and warrant that all information you provide is correct, current, and complete. You are solely responsible for maintaining the security of your account credentials and for all activity occurring under your account. You may not transfer, sell, or assign your account to any other person.

ACCESS AND ACCOUNT SECURITY

By agreeing to these Terms, you represent that you are at least the age of majority in your state or territory of residence. To use certain Services, you may be asked to provide information such as your email address, billing, payment, and shipping information. You represent and warrant that all information you provide is correct, current, and complete. You are solely responsible for maintaining the security of your account credentials and for all activity occurring under your account. You may not transfer, sell, or assign your account to any other person.

PRODUCT ACCURACY AND HEALTH CAUTION

We have made every effort to provide an accurate representation of our products. However (a) Colours or product appearance may differ from how they appear on your screen due to your device settings and configuration. (b) You acknowledge that coffee products contain caffeine. It is your responsibility to ensure the product is suitable for your health status. VPOW Coffee is not liable for adverse reactions resulting from caffeine sensitivity or underlying medical conditions (c) We reserve the right to discontinue any product at any time or limit the quantities offered to any person or geographic region on a case-by-case basis.

PRODUCT ACCURACY AND HEALTH CAUTION

We have made every effort to provide an accurate representation of our products. However (a) Colours or product appearance may differ from how they appear on your screen due to your device settings and configuration. (b) You acknowledge that coffee products contain caffeine. It is your responsibility to ensure the product is suitable for your health status. VPOW Coffee is not liable for adverse reactions resulting from caffeine sensitivity or underlying medical conditions (c) We reserve the right to discontinue any product at any time or limit the quantities offered to any person or geographic region on a case-by-case basis.

ORDERS AND BILLING

When you place an order, you are making an offer to purchase. VPOW Coffee reserves the right to accept or decline your order for any reason at its discretion (including, but not limited to, suspected fraud or pricing errors). Your order is not accepted until we confirm acceptance or shipment.
You represent and warrant that: (i) the credit card information you provide is true, correct, and complete, (ii) you are duly authorized to use such credit card for the purchase, (iii) charges incurred by you will be honored by your credit card company, and (iv) you will pay charges incurred by you at the posted prices, including shipping and handling charges and all applicable taxes, if any.

ORDERS AND BILLING

When you place an order, you are making an offer to purchase. VPOW Coffee reserves the right to accept or decline your order for any reason at its discretion (including, but not limited to, suspected fraud or pricing errors). Your order is not accepted until we confirm acceptance or shipment.
You represent and warrant that: (i) the credit card information you provide is true, correct, and complete, (ii) you are duly authorized to use such credit card for the purchase, (iii) charges incurred by you will be honored by your credit card company, and (iv) you will pay charges incurred by you at the posted prices, including shipping and handling charges and all applicable taxes, if any.

SHIPPING AND DELIVERY

All delivery times are estimates only and are not guaranteed. We use third-party logistics and carrier services to fulfil orders and are not liable for delays caused by these carriers or events outside our control. In accordance with the ACL, we remain responsible for the goods until they are delivered to your nominated address, at which point title and risk of loss pass to you.

SHIPPING AND DELIVERY

All delivery times are estimates only and are not guaranteed. We use third-party logistics and carrier services to fulfil orders and are not liable for delays caused by these carriers or events outside our control. In accordance with the ACL, we remain responsible for the goods until they are delivered to your nominated address, at which point title and risk of loss pass to you.

INTELLECTUAL PROPERTY

Our Services, including all trademarks, brands, text, displays, images, graphics, and the "look and feel" of the website, are owned by Lachau Pty Ltd, its affiliates, or licensors and are protected by Australian and international intellectual property laws. These Terms permit you to use the Services for personal, non-commercial use only. You must not reproduce, distribute, modify, or create derivative works of any material on the Services without our prior written consent.

INTELLECTUAL PROPERTY

Our Services, including all trademarks, brands, text, displays, images, graphics, and the "look and feel" of the website, are owned by Lachau Pty Ltd, its affiliates, or licensors and are protected by Australian and international intellectual property laws. These Terms permit you to use the Services for personal, non-commercial use only. You must not reproduce, distribute, modify, or create derivative works of any material on the Services without our prior written consent.

Section

We may provide access to third-party tools or links to third-party platforms (including payment processors, marketplaces, or embedded functionalities) which we neither monitor nor control. You acknowledge that we provide access to such tools “as is” and “as available” without any warranties or endorsements. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools or your interactions with third-party websites.

Section

We may provide access to third-party tools or links to third-party platforms (including payment processors, marketplaces, or embedded functionalities) which we neither monitor nor control. You acknowledge that we provide access to such tools “as is” and “as available” without any warranties or endorsements. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools or your interactions with third-party websites.

USER FEEDBACK AND SUBMISSIONS

If you submit ideas, suggestions, reviews, or other content (“Feedback”), you grant us a perpetual, worldwide, royalty-free license to use, reproduce, modify, and display such Feedback in any medium for any purpose. We are under no obligation to maintain Feedback in confidence or to pay compensation for it. We reserve the right to remove Feedback that we determine to be unlawful, offensive, or defamatory.

USER FEEDBACK AND SUBMISSIONS

If you submit ideas, suggestions, reviews, or other content (“Feedback”), you grant us a perpetual, worldwide, royalty-free license to use, reproduce, modify, and display such Feedback in any medium for any purpose. We are under no obligation to maintain Feedback in confidence or to pay compensation for it. We reserve the right to remove Feedback that we determine to be unlawful, offensive, or defamatory.

ERRORS AND OMISSIONS

Occasionally, there may be information in the Services that contains typographical errors, inaccuracies, or omissions relating to product descriptions, pricing, promotions, and availability. We reserve the right to correct any errors and to change or update information or cancel orders if any information is inaccurate at any time without prior notice (including after you have submitted your order).

ERRORS AND OMISSIONS

Occasionally, there may be information in the Services that contains typographical errors, inaccuracies, or omissions relating to product descriptions, pricing, promotions, and availability. We reserve the right to correct any errors and to change or update information or cancel orders if any information is inaccurate at any time without prior notice (including after you have submitted your order).

PROHIBITED USES

You may use the Services for lawful purposes only. You agree not to (i) Use the Services for any malicious or unlawful purpose.(ii) Infringe upon our intellectual property rights or the rights of others. (iii) Upload viruses or malicious code that may affect the functionality of the Service. (iv) Collect or track the personal information of others. (v) Interfere with the security features of the Service or any related website.

PROHIBITED USES

You may use the Services for lawful purposes only. You agree not to (i) Use the Services for any malicious or unlawful purpose.(ii) Infringe upon our intellectual property rights or the rights of others. (iii) Upload viruses or malicious code that may affect the functionality of the Service. (iv) Collect or track the personal information of others. (v) Interfere with the security features of the Service or any related website.

LIMITATION OF LIABILITY

To the fullest extent provided by law, and subject to the ACL guarantees in Section 1, in no case shall Lachau Pty Ltd, our directors, officers, employees, or service providers be liable for any injury, loss, claim, or any direct, indirect, incidental, or consequential damages of any kind—including lost profits, lost revenue, or loss of data—arising from your use of the Services or any products procured using the Services.

LIMITATION OF LIABILITY

To the fullest extent provided by law, and subject to the ACL guarantees in Section 1, in no case shall Lachau Pty Ltd, our directors, officers, employees, or service providers be liable for any injury, loss, claim, or any direct, indirect, incidental, or consequential damages of any kind—including lost profits, lost revenue, or loss of data—arising from your use of the Services or any products procured using the Services.

INDEMNIFICATION

You agree to indemnify and hold harmless Lachau Pty Ltd and our affiliates, partners, and employees from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of these Terms or your violation of any law or the rights of a third party.

INDEMNIFICATION

You agree to indemnify and hold harmless Lachau Pty Ltd and our affiliates, partners, and employees from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of these Terms or your violation of any law or the rights of a third party.

FORCE MAJEURE

We shall not be liable for any delay or failure to perform any of our obligations if the delay or failure results from events or circumstances outside our reasonable control, including but not limited to acts of God, strikes, accidents, fire, breakdown of machinery, or shortage of raw materials from a natural source of supply.

FORCE MAJEURE

We shall not be liable for any delay or failure to perform any of our obligations if the delay or failure results from events or circumstances outside our reasonable control, including but not limited to acts of God, strikes, accidents, fire, breakdown of machinery, or shortage of raw materials from a natural source of supply.

GOVERNING LAW

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of Western Australia. You irrevocably consent to the exclusive jurisdiction of the courts of Western Australia for any disputes arising out of these Terms.

GOVERNING LAW

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of Western Australia. You irrevocably consent to the exclusive jurisdiction of the courts of Western Australia for any disputes arising out of these Terms.

CONTACT INFORMATION

Questions about the Terms of Service should be sent to us at hello@vpowcoffee.com.au.
Our contact information is posted below: Lachau Pty Ltd t/a VPOW Coffee.
Suite 1181, 1101 Hay Street, West Perth, WA 6005, Australia.

CONTACT INFORMATION

Questions about the Terms of Service should be sent to us at hello@vpowcoffee.com.au.
Our contact information is posted below: Lachau Pty Ltd t/a VPOW Coffee.
Suite 1181, 1101 Hay Street, West Perth, WA 6005, Australia.