TERMS AND CONDITIONS

Thank you for visiting our website. This website is owned by Kirk Neville Pty Ltd atf Kirk Neville Trust t/as Dolly’s Donuts (ABN 59 615 723 156). By accessing and/or using this website and our other services, you agree to these Terms and Conditions, which include our Privacy Policy (Terms). You should review our Privacy Policy and these Terms carefully and immediately cease using our website if you do not agree to these Terms.

In these Terms, “us”, “we”, ‘our’, and “Dolly’s Donuts” means Kirk Neville Pty Ltd atf Kirk Neville Trust t/as Dolly’s Donuts. ‘You’ means any user of our website.

You agree that we may update these Terms at any time on 30 days written notice. In the event that you do not agree to these Terms or to any update to these Terms your sole recourse is to cease using the website and our services.

1. User Accounts and Registration

Buyers do not need to register an account with us to be able to order our products from our website. However, you may choose to have an account in order to streamline the ordering process or to access certain features of our website or to participate in our mailing list.

When you register and activate your account, or when you otherwise order as a guest through our website, you will provide us with personal information such as your name and email address, telephone number, address, and debit card or credit card details. You must ensure that this information is accurate and current. We will handle all personal information we collect in accordance with our Privacy Policy.

When you register and activate your account, we will provide you with a user name and password. You are responsible for keeping this user name and password secure and are responsible for all use and activity carried out under this user name.

To create an account, you must be:

• at least 18 years of age;
• possess the legal right and ability to enter into a legally binding agreement with us; and agree and warrant to use the website in accordance with these Terms

2. Collection Notice

We collect personal information about you in order to respond to your enquiry, process your account registration, provide you with our goods and services, assist in the fulfilment of orders placed via our website, and for purposes otherwise set out in our Privacy Policy.

We may disclose that information to third parties that help us deliver our services (including information technology suppliers, communication suppliers and delivery partners) or as required by law. If you do not provide this information, we may not be able to provide all of our goods and services to you, or fulfil orders placed via our website.

Our Privacy Policy explains: (i) how we store and use, and how you may access and correct your personal information; (ii) how you can lodge a complaint regarding the handling of your personal information; and (iii) how we will handle any complaint. If you would like any further information about our privacy policies or practices, please contact us at privacy@dollysdonuts.com.au.

By providing your personal information to us, you consent to the collection, use, storage and disclosure of that information as described in the Privacy Policy and these Terms.

3. Accuracy, completeness and timeliness of information

The information on our website is not comprehensive and is intended to provide a summary of the subject matter covered. While we use all reasonable attempts to ensure the accuracy and completeness of the information on our website, to the extent permitted by law, including the Australian Consumer Law, we make no warranty regarding the information on the website (including the Marketplace). You should monitor any changes to the information contained on the website.

We are not liable to you or anyone else if interference with or damage to your computer systems occurs in connection with the use of our website or a linked website. You must take your own precautions to ensure that whatever you select for your use from our website is free of viruses or anything else (such as worms or Trojan horses) that may interfere with or damage the operations of your computer systems.

We may, from time to time and without notice, change or add to our website (including the Terms) or the information, products or services described in it. However, we do not undertake to keep the website updated. We are not liable to you or anyone else if errors occur in the information on the website or if that information is not up-to-date.

4. Promotions and competitions

If we choose to undertake campaigns, promotions or contests, additional terms and conditions may apply. If you want to participate in such a campaign, promotion or contest, you need to agree to the relevant terms and conditions applicable to that campaign, promotion or contest. In case of any inconsistency between such terms and conditions and these Terms, those terms and conditions will prevail.

5. Online Ordering

For terms and conditions regarding online ordering from this website, please see here to Ordering and Delivery Terms and Conditions which form a part of the Terms.

6. Third Party Services and Linked sites

You acknowledge that certain services are provided on our behalf by third parties.

Our website may contain links to websites operated by third parties. Those links are provided for convenience and may not remain current or be maintained. Unless expressly stated otherwise, we do not endorse and are not responsible for the content on those linked websites and have no control over or rights in those linked websites.

7. Intellectual property rights

Unless otherwise indicated, we own or license from third parties all rights, title and interest (including copyright, designs, patents, trade marks and other intellectual property rights) in this Website and in all of the material (including all text, graphics, logos, audio and software) made available on this Website (Content).

Your use of this Website and use of and access to any Content does not grant or transfer any rights, title or interest to you in relation to this Website or the Content. However we do grant you a licence to access the Website and view the Content on the terms and conditions set out in these Terms and, where applicable, as expressly authorised by us and/or our third party licensors.

Any reproduction or redistribution of this Website or the Content is prohibited and may result in civil and criminal penalties. In addition, you must not copy the Content to any other server or location for the purpose of publication, reproduction or distribution other than as expressly permitted under these Terms.

All other use, copying or reproduction of this Website, the Content or any part of it is prohibited, except to the extent permitted by law.

8. No commercial use

This website is for your personal, non-commercial use only. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, commercially exploit, create derivative works from, transfer, or sell any Content, software, products or services contained within this website.  You may not use this website or any of its Content to further any commercial purpose, including any advertising or advertising revenue generation activity on your own website.

9. Unacceptable activity

You must not do any act that we would deem to be inappropriate, is unlawful or is prohibited by any laws applicable to our website, including but not limited to:

• any act that would constitute a breach of either the privacy (including uploading private or personal information without an individual’s consent) or any other of the legal rights of individuals;
• using this website to defame or libel us, our employees or other individuals;
• uploading files that contain viruses that may cause damage to our property or the property of other individuals;
• posting or transmitting to this website any non-authorised material including, but not limited to, material that is, in our opinion, likely to cause annoyance, or which is defamatory, racist, obscene, threatening, pornographic or otherwise or which is detrimental to or in violation of our systems or a third party’s systems or network security.

If we allow you to post any information to our website, we have the right to take down this information at our sole discretion and without notice.

10. Warranties and disclaimers

Our goods and services come with guarantees that cannot be excluded under the Australian Consumer Law. Nothing in these terms and conditions purports to modify or exclude the conditions, warranties and undertakings, and other legal rights, under the Australian Competition and Consumer Act and other laws. Any and all other warranties or conditions which are not guaranteed by the Australian Consumer Law or the Competition and Consumer Regulation 2010 are expressly excluded where permitted, including liability for incidental or consequential damages caused by breach of any express or implied warranty or condition.

To the maximum extent permitted by law, including the Australian Consumer Law, we make no warranties or representations about this website or the Content, including but not limited to warranties or representations that they will be complete, accurate or up-to-date, that access will be uninterrupted or error-free or free from viruses, or that this website will be secure.

We reserve the right to restrict, suspend or terminate without notice your access to this website, any Content, or any feature of this website at any time without notice and we will not be responsible for any loss, cost, damage or liability that may arise as a result.

11. Liability

To the maximum extent permitted by law, including the Australian Consumer Law, in no event shall we be liable for any direct and indirect loss, damage or expense – irrespective of the manner in which it occurs – which may be suffered due to your use of our website and/or the information or materials contained on it, or as a result of the inaccessibility of this website and/or the fact that certain information or materials contained on it are incorrect, incomplete or not up-to-date.

12. Jurisdiction and governing law

Your use of the website and these Terms are governed by the laws of New South Wales and you submit to the exclusive jurisdiction of the courts exercising jurisdiction in New South Wales.