Terms of service

Updated: October 2023

SECTION 1 – INTRODUCTION & NAVIGATION GUIDE 

This site is managed and operated by Beyond Best Before, ABN 58 643 574 645 (also known as Jujubes Pty Ltd) . Our references may include “we”, “our” or "us".

This written piece outlines our operational principles, the specifics and the fine points — or, in legal parlance, the terms and conditions. Prior to navigating through our website or mobile application (jointly termed as our “Platform”), we encourage you to peruse these guidelines. If you find yourself at odds with any aspect of our Terms, kindly refrain from accessing or employing our Platform

SECTION 2 – AGREEMENT TO TERMS & CONDITIONS

When you engage with, shop from, or contribute to our Platform, you:

1. Accept and commit to these Terms, including any additional policies linked within or available on our Site.

2. Confirm you're of legal age in your residing state or province. If not, you've gained consent from a guardian, allowing minors (at least 16 years old) to use our Platform under your supervision.

3. Recognize that, excluding credit card details, the information you provide might be transferred unencrypted, passing through different networks and adapting to various technical requirements. Note: Credit card data is consistently encrypted for transfers. Our Privacy Policy further elaborates on data handling.

4. Understand we can limit or deny your access to our Platform at our discretion.

5. Acknowledge that not following these Terms can lead to immediate termination of your access to our Platform

SECTION 3 – UPDATES TO TERMS

The latest version of our Terms is always available on this page. We reserve the right to modify these Terms and will update our Site with any changes.

Ensure you periodically review this page for any updates. By continuing to use or access our Platform after any modifications are posted, you agree to the updated Terms.

SECTION 4 – DATA INTEGRITY AND CORRECTIONS

We strive to present accurate and up-to-date information. However, due to human error, there might be instances of inaccuracies, mistakes, or oversights on our Platform or in our services, including but not limited to product details, images, pricing, promotions, offers, shipping costs, delivery times, and availability.

If we identify any inaccuracies, we reserve the right to correct them, amend information, or cancel orders influenced by such inaccuracies on our Platform or any associated website, without prior notice, even after an order has been placed.

We're under no obligation to revise or provide clarity on information in our Platform or any affiliated site, barring legal requirements. The absence of a specific update or modification date doesn't imply that all content on our Platform or related websites has been updated.

SECTION 5 – CHANGES TO OUR PLATFORM AND PRICING

The prices for our products and services can change without any prior notification. Taxes and shipping fees will be displayed during the checkout stage before you confirm your order.

We retain the right to alter or cease operations of our Platform, or its parts or content, at our discretion without giving prior notice. We won't be held responsible to you or any third party due to alterations in pricing, modifications, or cessation of our Platform.

SECTION 6 – PRODUCT AND SERVICE GUIDELINES

Nature of Our Products
We specialise in selling surplus, short-dated, imperfect and past best before products at discounted prices. “Best before” dates relate to product quality, not safety. All products sold are safe for consumption at the time of sale.
Due to the nature of our business model and discounted pricing, we do not offer refunds for change of mind.

For our products and services, you should be aware:

1. We reserve the right to limit sales based on individual, location, or jurisdiction. If a product or service is prohibited in a certain jurisdiction, any offer pertaining to it is invalid.

2. We might cap the quantities of products or services we provide, and can cease offering any product or service without notice.

3. Merely placing an order doesn't guarantee its acceptance. We have the discretion to decline any order for any given reason.

4. Products and services are offered based on availability. We might limit orders, refuse parts or entire orders, or stop offering products without prior notice, even if you've already placed an order.

Order Fulfilment, Availability & Cancellations

Due to the nature of our business and fast-moving inventory, all products are subject to availability at the time of fulfilment.

By placing an order, you acknowledge and agree that:

• Your order may be partially fulfilled where one or more items become unavailable prior to or during fulfilment.

• Any unavailable items will be automatically removed and refunded, and the remainder of your order will be processed and dispatched.

• Once an order has entered fulfilment (including picking and packing), it cannot be modified or cancelled.

We do not accept cancellations or refunds due to:

• Items becoming unavailable after purchase

• Partial fulfilment of an order

• Change of mind after fulfilment has commenced

5.   For any promotions or sales, we may cancel or change the offer, refuse participation, or amend its terms without prior notification.

6.Products can only be returned or exchanged as per our Returns & Refund Policy.

7.Descriptions and pricing of products may change, in line with Section 5 – Changes to Our Platform and Pricing.

8.While we strive to showcase our products accurately, we can't assure that the product colors displayed on your screen are precise.

9 We don't guarantee that our products, services, or other materials will always meet your expectations.

Heat-Sensitive Products
Some products we sell, including chocolate and other heat-sensitive goods, may be affected by temperature fluctuations before, during, or after purchase. As we sell surplus and discounted stock, we cannot guarantee that such products will maintain their original shape, firmness, or cosmetic appearance.

Cosmetic changes caused by heat, including melting or softening, do not constitute a fault where the product remains safe for consumption.

Refunds or exchanges will not be provided for heat-related cosmetic changes unless the product is unsafe or otherwise fails to meet consumer guarantees under Australian Consumer Law.

10. Delivery timeframes are approximate. They shouldn't be taken as assured delivery periods.

SECTION 7 - BILLING AND ACCOUNT INFORMATION   

Account Information 

It's essential for you to supply up-to-date and accurate purchasing and account information for all transactions at our store. It's crucial to safeguard your account password and notify us immediately if you believe there's been unauthorized access. Any losses or damages resulting from your inability to protect your account or password are not our responsibility. 

SECTION 8 – ACCOUNT DETAILS, PAYMENTS, ORDERING & Delivery

Account Details & Payments:

When you establish an account with us, it's your duty to ensure your password's confidentiality. We can't be held accountable for any loss or harm stemming from any lapse in safeguarding your account and password.

It's imperative that you provide and update accurate purchase and account data whenever changes occur.

For payment processing, the information you provide must be accurate, and you should have the authority to use the chosen payment method. Be aware that we reserve the right to validate the veracity of the payment details you submit - a measure that shields both you and us.

Failure to offer precise, current information might result in order processing delays, inability to reach out to you, or even suspension or termination of your account.

Orders

We'll make every effort to notify you of alterations or order cancellations using the details you provided at the time of your order

We reserve the right to decline any order you submit. We may also restrict or terminate orders, especially if they come from the same user account, use the same credit card, or have matching billing and shipping details. We reserve the right to limit orders that seem to be from dealers, resellers, or distributors. Should we amend or annul an order, we'll try to get in touch using the contact details you provided when ordering

Delivery

While we strive to ensure timely deliveries, we can't guarantee that our third-party shipping partners will always be free from delays or issues. If over fourteen (14) days have elapsed since you got a shipping confirmation email from us, please reach out to us

Section 9  - REFUNDS & RETURN POLICY  

Adhering to the Australian Consumer Law, if you're dissatisfied with our product and seek a refund, contact us within 14 days of receiving your item at beyondbestbefore@gmail.com. While reaching out, include your order number (located in your confirmation email) and describe the concern. This helps us improve and prevent similar issues in the future.

We'll equip you with a return shipping label . Just print out the label, affix it securely to the package (ensuring you've removed the original delivery details), and send it back. If you've discarded our packaging, you can use another box.  Note that return shipping costs will be the responsibility of the customer

Do remember, however, that we can only process returns for products that remain 'mostly unused/unconsumed'.

SECTION 10 - OPTIONAL TOOLS   

We grant you access to certain third-party tools, which we find useful and believe you'd appreciate. However, we don't oversee, control, or influence these tools. By accessing them, you understand that they are available "as is" and without any form of guarantee, affirmation, or endorsement from us. We are not responsible for any issues or outcomes related to your use of these third-party tools. When using these tools, you do so at your own discretion and risk. It's important that you familiarise yourself with and accept the terms provided by the respective third-party providers.

SECTION 11 - THIRD-PARTY LINKS   

Content, products, and services on our Site may originate from third parties. Links on our Site may lead you to external websites not affiliated with us, and their use is governed by those third parties' terms. We don't verify, endorse, or take responsibility for the accuracy of third-party content, nor are we liable for third-party materials or websites. Before engaging with any third-party sites, ensure you've read and understood their terms and conditions. For concerns or issues related to third-party products, you should reach out directly to the respective third-party.

SECTION 12 – OWNERSHIP OF CONTENT (INTELLECTUAL PROPERTY PROTECTIONS) 

All intellectual property rights associated with our Site and its content, including but not limited to our name, logo, images, and content, either belong to us or are used with the appropriate licenses. These Terms, nor your use of our Platform, grant you any ownership or rights to our content. You're prohibited from copying, replicating, selling, or exploiting any part of our Platform without our explicit written consent.

SECTION 13 - USER CONTRIBUTIONS AND FEEDBACK   

When you share submissions with us, such as promotional entries, product reviews, creative ideas, or other materials (referred to as "Comments"), you grant us the permission to use, modify, publish, share, or translate these Comments in various mediums, including our website or social media pages, without limitations. We're not obligated to:

1. Keep your Comments confidential;

2. Offer compensation for your Comments; or

3. Engage or respond to your Comments.

We reserve the right to oversee and, if necessary, edit or remove content that we deem inappropriate, offensive, or in violation of any rights or these Terms.

Ensure your comments don't infringe on the rights of others, such as copyrights, trademarks, or privacy rights. Refrain from using false identities, misleading email addresses, or misrepresenting the origin of your Comments. You're accountable for the legitimacy and precision of your Comments. We disclaim responsibility for any Comments, whether made by you or others.

SECTION 14 – SOCIAL MEDIA POLICY

We maintain active profiles across various social media platforms. These platforms are designed for information exchange and to facilitate both informative and interactions.

We expect users to communicate with respect and courtesy.

Feedback and comments are appreciated, but they should adhere to a respectful tone towards us and other users. Comments that are found to be inappropriate, irrelevant, abusive, in violation of intellectual property or privacy rights, or promoting third-party entities will not be tolerated. Non-compliant comments may be removed, and users who repeatedly violate these guidelines may be restricted or banned.

Although we aim to monitor and respond to comments promptly, we cannot guarantee the accuracy or reliability of user-submitted content.

SECTION 15 - PERSONAL INFORMATION   

Our handling of personal information is detailed in our Privacy Policy.

SECTION 16 – SMS/MMS DIRECT MARKETING 

Where you opt-in to receive direct marketing from us via SMS/MMS: 

1. You must be at least the age of majority in your state of residence, or you are the age of majority in your state of residence and you have given us your consent to allow your minor dependents (provided the minor is at least 16 years of age) to opt-in to SMS/MMS direct marketing. 

2. You must supply your own phone number and not someone else’s, and you must also provide us with notice immediately, if you are no longer the primary user of that number. 

3. You may opt-out of receiving direct marketing messages via SMS/MMS at any time by the following methods: Following the opt-out instruction in that specific text message; or Contact us. Kindly use the methods provided above. We cannot ensure that other methods will effectively process your opt-out request.

SECTION 17 – RESTRICTIONS ON USAGE   

While we aim for openness, there are certain activities we must clearly define as off-limits due to legal and other reasons on our Platform, Site, any features or tools provided by third parties, or when interacting with us on social media (hereafter termed as the "Platforms"). Beyond other restrictions mentioned in these Terms, you're prohibited from using the Platforms to:

1. Engage in any illegal activities or encourage others to partake in illegal acts.

2. Contravene any international, national, state, or local laws and regulations.

3. Infringe upon our intellectual property rights or those of others.

4. Harass, threaten, defame, discriminate, or cause distress to others based on gender, sexual orientation, religion, race, age, or disability.

5. Provide deceptive or incorrect information or engage deceitfully.

6. Distribute malicious software or harmful code that can affect the Platforms' operation or the Internet.

7. Share or misuse personal data of others without clear consent.

8. Engage in spamming, phishing, or other deceptive practices.

9. Offer or promote services or products that are illegal in the recipient's location.

10. Participate in indecent, violent, hate-related, or other objectionable activities.

11. Bypass or compromise the security features of the Platforms or related sites.

If any of these restrictions are violated, we, or the pertinent third party, may terminate your access to the Platforms in accordance with these Terms or third-party conditions.

SECTION 18 – WARRANTY DISCLAIMERS & LIABILITY RESTRICTIONS

While we strive for excellence, we can't assure uninterrupted, timely, secure, or error-free use of our Platform. We also can't guarantee that results from our Platform will always be accurate or dependable. 

We reserve the right to modify, suspend, or remove our Platform, either in entirety or portions, without notifying you.

Your interaction with our Site, and any potential inability to access it, falls solely under your responsibility. Unless explicitly mentioned by us or legally mandated, our Platform, along with all associated products and services, is offered "as is" and "as available," devoid of any express or implied warranties, including but not limited to implied warranties of salability, quality, fitness for a specific use, endurance, title, or non-infringement.

Beyond Best Before, along with our associated entities, directors, officers, affiliates, partners, employees, agents, contractors, interns, suppliers, and service providers (collectively, the “  Beyond Best Before Parties”) won't be held accountable for any harm, loss, or claims. This includes any direct or indirect damages, such as profit loss, revenue loss, data loss, or replacement expenses, regardless of the legal theory, stemming from the use of our Platform. This applies even if the potential damages were made known to us. Some regions may not permit certain liability restrictions; in such cases, our liability will be confined to the fullest extent the law allow

SECTION 19 – PROTECTION & LIABILITY COVERAGE

By using our services, you commit to safeguard, uphold, and absolve the  Beyond Best Before Parties from any third-party claims, actions, losses, damages, or expenses (including reasonable attorney's fees) stemming from or related to your non-compliance with these Terms, associated documents, any legal regulations, or any third-party rights.

SECTION 20 – PROVISION VALIDITY

If any part of these Terms is found to be invalid, illegal, or unenforceable, that part will still be enforceable to the maximum extent allowed by law. Any unenforceable sections will be considered separate from these Terms, and the validity and enforceability of the remaining provisions will remain unaffected.

SECTION 21 – CONCLUSION & CONTINUATION

These Terms are binding and effective until terminated by either party. Should you decide to end these Terms, you can do so by informing us of your intent to stop using our Platform and discontinuing your use of our Site.

We sincerely hope it never comes to this, but should we find or even suspect a breach of any segment of these Terms on your part, we reserve the right to terminate the Terms immediately without notifying you.

In such cases:

You'll still be accountable for any dues up until the termination date.

We might restrict your access to our Platform, partially or entirely.

Despite the termination of these Terms, any commitments and financial responsibilities made before the termination date will persist. Additionally, any clauses that, by their nature, should endure post-termination, will do so. We won't be held accountable for any claims, losses, or costs arising from the termination of these Terms or from denying you access to our Platform.

SECTION 22 – COMPLETE CONTRACT, CLARIFICATION & RIGHTS RETENTION

The entirety of this agreement is composed of these Terms and any other related terms, conditions, and policies mentioned or accessible via hyperlinks within these Terms or our Site. This comprehensive agreement oversees your use of our Platform and supersedes all prior agreements, discussions, and representations, regardless of whether they were made orally or in writing, between you and us, including previous versions of these Terms.

Should there be any vagueness in interpreting these Terms, it will not be biased against the party that drafted them.

Our choice to not act upon or enforce any segment of these Terms at a given time doesn't mean we relinquish our right to do so later on. In simpler terms, if we opt not to exercise a particular right at one point, we still reserve the right to enforce it in the future.

SECTION 23 – JURISDICTION & RESOLUTION OF CONFLICTS

The formulation and interpretation of these Terms are governed by the laws of the State of New South Wales, within the Commonwealth of Australia.

You willingly forgo any entitlement to a trial overseen by a judge or jury and to collective legal actions to the greatest extent allowed by law. Should a disagreement arise that we can't settle amongst ourselves, you unequivocally commit to having it addressed through individual, private arbitration, during which the pertinent jurisdictional laws will be applied ("Arbitration & Waiver Clause").

It's important to recognize and consent to the fact that any third-party entity we hire to facilitate SMS/MMS promotional services benefits from and is covered by the Arbitration & Waiver Clause.

SECTION 24 – UNFORESEEN CIRCUMSTANCES 

Occasionally, unforeseen events can disrupt our usual operations. If such events occur, our obligations under these Terms might be suspended or delayed, either partially or completely. These unforeseen events can include things like severe weather, natural disasters, acts of war or terrorism, civil unrest, pandemics, embargoes, labor strikes, and other events outside our control. If these events prevent us from delivering a purchased item to you, we'll offer you the choice to either delay the shipment or get a refund.