Terms of service
OVERVIEW
Welcome to That Leaf! The terms "we", "us" and "our" refer to That Leaf. That Leaf operates this store and website, including all related information, content, features, tools, products and services in order to provide you, the customer, with a curated shopping experience (the "Services"). That Leaf is powered by Shopify, which enables us to provide the Services to you.
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 of Service carefully, as they include important information about your legal rights and cover areas such as disclaimers and limitations of liability.
By visiting, interacting with or using our Services, you agree to be bound by these Terms of Service and our Privacy Policy. If you do not agree to these Terms of Service or Privacy Policy, you should not use or access our Services.
SECTION 1 - ACCESS AND ACCOUNT
By agreeing to these Terms of Service, you represent that you are at least 18 years old or otherwise capable of entering into a legally binding agreement under Australian law.
To use the Services, including accessing or browsing our online store or purchasing any products or services we offer, you may be asked to provide certain information, such as your email address, billing, payment and shipping information. You represent and warrant that all information you provide is accurate, current and complete and that you have all rights necessary to provide such information.
You are solely responsible for maintaining the security of your account credentials and for all activity conducted under your account. You may not transfer, sell, assign or license your account to any other person.
SECTION 2 - OUR PRODUCTS
We have made every effort to accurately display and describe our products and services in our online store. However, colours and product appearance may vary depending on your device settings and display.
We do not guarantee that the appearance of any product purchased by you will exactly match the images displayed online.
All descriptions of products and pricing are subject to change at any time without notice at our sole discretion. We reserve the right to discontinue any product at any time and may limit quantities available for purchase on a case-by-case basis.
Microgreens, sprouts and seeds are natural products and may vary in appearance, colour, taste and yield between batches.
SECTION 3 - ORDERS
When you place an order, you are making an offer to purchase. That Leaf reserves the right to accept or decline any order at our discretion.
Your order is not accepted until payment has been successfully processed and you receive confirmation from us.
Please review your order carefully before submitting it, as we may not be able to accommodate cancellation requests once an order has been processed.
If we cancel or modify an order, we will attempt to notify you using the contact details provided at checkout.
Your purchases are subject to our Refund Policy
You represent and warrant that purchases made through our Services are for personal use and not for unauthorised resale.
SECTION 4 - PRICES AND BILLING
All prices displayed on our website are in Australian Dollars (AUD) and include GST where applicable unless otherwise stated.
Prices, discounts and promotions are subject to change without notice.
Shipping costs are calculated separately at checkout unless otherwise specified.
You agree to provide current, complete and accurate purchase and account information for all purchases made through our Services.
You represent and warrant that:
(i) the payment information you provide is accurate and complete;
(ii) you are authorised to use the payment method provided; and
(iii) you will pay all charges incurred at the prices displayed at the time of purchase, including shipping charges and applicable taxes.
SECTION 5 - SHIPPING AND DELIVERY
Delivery timeframes are estimates only and are not guaranteed.
We are not responsible for delays caused by postal services, couriers, weather events, supply disruptions or circumstances outside our reasonable control.
Risk in products passes to you upon delivery to the address provided in your order.
Please ensure shipping details are accurate. We are not responsible for orders delivered to incorrectly supplied addresses.
SECTION 6 - INTELLECTUAL PROPERTY
Our Services, including but not limited to all trademarks, branding, text, graphics, images, videos, logos, product descriptions and website content, are owned by That Leaf, its licensors or affiliates and are protected by Australian and international intellectual property laws.
You may use the Services for personal and non-commercial use only.
You must not reproduce, copy, modify, distribute, republish, sell or exploit any content from the Services without our prior written permission.
Nothing in these Terms grants you any rights in relation to our intellectual property except as expressly stated.
SECTION 7 - OPTIONAL TOOLS
We may provide access to third-party tools or services over which we have no control.
Such tools are provided "as is" and "as available" without warranties or representations of any kind.
Your use of any optional third-party tools is entirely at your own risk and subject to the terms of the relevant third-party provider.
We may introduce new features or tools in the future, which will also be subject to these Terms.
SECTION 8 - THIRD-PARTY LINKS
Our Services may include links to third-party websites or services.
We are not responsible for the content, accuracy or practices of third-party websites.
Accessing third-party websites is at your own risk and subject to the terms and policies of those third parties.
SECTION 9 - RELATIONSHIP WITH SHOPIFY
That Leaf is powered by Shopify, which enables us to provide our Services to you. However, all purchases made through our store are made directly with That Leaf.
You acknowledge and agree that Shopify is not responsible for any aspect of transactions between you and That Leaf, including any injury, damage or loss arising from products or services purchased from us.
SECTION 10 - PRIVACY POLICY
All personal information collected through the Services is handled in accordance with our Privacy Policy
Because our store is hosted by Shopify, Shopify may also collect and process personal information in order to provide and improve its services.
By using the Services, you acknowledge that your information may be transferred to and processed by Shopify and related service providers in accordance with applicable privacy laws.
SECTION 11 - FEEDBACK
If you submit feedback, suggestions, reviews, ideas or other content ("Feedback"), you grant us a perpetual, worldwide, royalty-free, transferable licence to use, reproduce, modify, publish and display such Feedback for any purpose.
You represent and warrant that:
(i) you own or control all rights in the Feedback;
(ii) your Feedback does not violate any law or third-party rights; and
(iii) your Feedback is not misleading, unlawful, defamatory or offensive.
We may remove Feedback at our discretion.
SECTION 12 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our website containing typographical errors, inaccuracies or omissions relating to product descriptions, pricing, promotions, shipping costs or availability.
We reserve the right to correct any errors and to update or cancel orders if information is inaccurate at any time without prior notice.
SECTION 13 - PROHIBITED USES
You may use the Services only for lawful purposes.
You must not use the Services:
(a) in breach of any Australian Commonwealth, State or Territory laws;
(b) to infringe intellectual property rights;
(c) to harass, abuse or harm others;
(d) to upload malicious code or viruses;
(e) to collect personal information unlawfully;
(f) to spam, phish or engage in fraudulent activity;
(g) to scrape, copy or exploit website content without permission; or
(h) to interfere with the security or operation of the Services.
We reserve the right to suspend or terminate access to the Services if these Terms are breached.
SECTION 14 - AGENTS
14.1 This section applies where automated systems, bots or software agents access or interact with the Services.
14.2 We may restrict or block automated access to the Services at our discretion.
14.3 Automated tools must not impersonate humans, bypass security measures, circumvent CAPTCHA systems or interfere with the operation of the Services.
SECTION 15 - TERMINATION
We may terminate or suspend your access to the Services at any time if we reasonably believe you have breached these Terms.
Any obligations or liabilities incurred before termination will survive termination.
SECTION 16 - DISCLAIMER OF WARRANTIES
Nothing in these Terms excludes, restricts or modifies any consumer guarantee, right or remedy conferred on you by the Australian Consumer Law or any other applicable law that cannot be excluded.
To the fullest extent permitted by law, all other warranties, representations and conditions not expressly stated in these Terms are excluded.
To the extent permitted by law, our liability for breach of any non-excludable guarantee is limited, at our option, to:
(a) replacement of goods;
(b) repair of goods;
(c) payment of the cost of replacing goods; or
(d) payment of the cost of repairing goods.
Information provided through our Services is for general educational purposes only and is not intended as medical, nutritional or health advice.
SECTION 16A - FOOD PRODUCTS AND ALLERGIES
Our products include fresh produce, seeds and edible plant products intended for human consumption. While we take care in growing, handling and packaging our products, customers acknowledge that fresh produce is a natural product and may vary in appearance, taste and shelf life.
Our products may be prepared, packed or stored in environments where allergens may be present. We cannot guarantee that products are completely free from allergens or cross-contamination.
Customers with allergies, compromised immune systems, pregnancy-related concerns, or medical conditions should seek professional medical advice before consuming sprouts, microgreens or related products.
Fresh produce is perishable and should be stored, handled and consumed according to any storage instructions provided.
SECTION 16B - HEALTH INFORMATION DISCLAIMER
Information provided through our Services, website, social media accounts, emails, educational content or product materials is intended for general educational and informational purposes only and is not medical, nutritional or healthcare advice.
Statements made about nutrition, wellness or health are general in nature and are not intended to diagnose, treat, cure or prevent any disease or medical condition.
Customers should seek advice from a qualified healthcare professional before making dietary, nutritional or health-related decisions.
SECTION 16C - SEED GERMINATION
Seed germination and growing results may vary depending on environmental conditions, temperature, humidity, water quality, light exposure, storage conditions and growing methods.
Because growing conditions are outside our control, we do not guarantee specific germination rates, crop yields or growing outcomes except where required under Australian Consumer Law.
Customers are responsible for following appropriate growing and food safety practices when using seeds, sprouting kits or growing products purchased from us.
SECTION 17 - LIMITATION OF LIABILITY
Nothing in these Terms excludes, restricts or modifies rights you may have under the Australian Consumer Law.
To the fullest extent permitted by law, That Leaf will not be liable for any indirect, incidental, consequential or special loss, including loss of profits, revenue, opportunity or data arising from your use of the Services or products purchased through the Services.
SECTION 18 - INDEMNIFICATION
You agree to indemnify and hold harmless That Leaf, Shopify and our affiliates, employees, contractors and service providers from any claims, liabilities, damages, losses or reasonable legal costs arising from:
(1) your breach of these Terms;
(2) your misuse of the Services; or
(3) your breach of any law or third-party rights.
SECTION 19 - SEVERABILITY
If any provision of these Terms is found to be unlawful or unenforceable, the remaining provisions will remain in full force and effect.
SECTION 20 - WAIVER; ENTIRE AGREEMENT
Failure to exercise or enforce any right under these Terms does not constitute a waiver of that right.
These Terms, together with any policies posted on our website, constitute the entire agreement between you and That Leaf regarding the Services.
SECTION 21 - ASSIGNMENT
You may not assign or transfer your rights under these Terms without our prior written consent.
We may assign or transfer our rights and obligations under these Terms without notice.
SECTION 22 - GOVERNING LAW
These Terms of Service are governed by the laws of Victoria, Australia.
Any disputes arising in connection with these Terms or the Services will be subject to the non-exclusive jurisdiction of the courts of Victoria, Australia.
SECTION 23 - HEADINGS
Headings in these Terms are included for convenience only and do not affect interpretation.
SECTION 24 - CHANGES TO TERMS OF SERVICE
We reserve the right to update or modify these Terms at any time by posting updated Terms on our website.
Your continued use of the Services following any changes constitutes acceptance of those changes.
SECTION 25 - CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at thatleaf.microgreens@gmail.com.
Our contact details are below:
That Leaf
thatleaf.microgreens@gmail.com
Gisborne, Victoria, Australia
ABN: 31102749420