Jurisdiction
This agreement and this website are subject to the laws of VIC and Australia. If there is a dispute between You and UpperMurrayBeef.com.au that results in litigation, then you must submit to the jurisdiction of the courts of VIC.
Exclusion of Unenforceable Terms
Where any clause or term above would by any applicable statute be illegal, void, or unenforceable in any State or Territory then such a clause shall not apply in that State or Territory and shall be deemed never to have been included in these terms and conditions in that State or Territory. Such a clause if legal and enforceable in any other State or Territory shall continue to be fully enforceable and part of this agreement in those other States and Territories. The deemed exclusion of any term pursuant to this paragraph shall not affect or modify the full enforceability and construction of the other clauses of these terms and conditions.
Liability Disclaimer
The information, software, products, and services included in or available through the Upper Murray Beef website may include inaccuracies or typographical errors. Changes are periodically added to the information herein. Bimbimbi Farms and/or its suppliers may make improvements and/or changes in our website at any time. Advice received via our website should not be relied upon for personal, medical, legal or financial decisions and You should consult an appropriate professional for specific advice tailored to your situation.
Upper Murray Beef and/or its suppliers make no representations about the suitability, reliability, availability, timeliness, and accuracy of the information, software, products, services and related graphics contained on the Website for any purpose. To the maximum extent permitted by applicable law, all such information, software, products, services and related graphics are provided "as is" without warranty or condition of any kind. Bimbimbi Farms and/or its suppliers hereby disclaim all warranties and conditions with regard to this information, software, products, services and related graphics, including all implied warranties or conditions of merchantability, fitness for a particular purpose, title and non-infringement.
To the maximum extent permitted by applicable law, in no event shall Bimbimbi Farms and/or its suppliers be liable for any direct, indirect, punitive, incidental, special, consequential damages or any damages whatsoever including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with the use or performance of the Upper Murray Beef website, with the delay or inability to use our website or related services, the provision of or failure to provide services, or for any information, software, products, services and related graphics obtained through our website, or otherwise arising out of the use of the Upper Murray Beef website, whether based on contract, tort, negligence, strict liability or otherwise, even if Bimbimbi Farms or any of its suppliers has been advised of the possibility of damages. Because some states/jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you. If you are dissatisfied with any portion of our website, or with any of these Terms and Conditions, your sole and exclusive remedy is to discontinue using our website.
Virus Warning
Bimbimbi Farms does not represent that any information (including any file) obtained from or through our website is free from any computer viruses or other faults or defects and it is your responsibility to scan any such information for computer viruses. Bimbimbi Farms will not be liable to you or to any other person for any loss and damage (whether direct, indirect, consequential or economic) however caused whether by negligence or otherwise, which may result directly or indirectly from any such information or the provision thereof. To the extent that any applicable law that cannot be excluded imposes any liability on Bimbimbi Farms that liability shall be limited to the cost of resupplying that information.
Indemnification and Release
You agree to release, indemnify and hold Bimbimbi Farms harmless from and against any and all claims, damages, costs and expenses incurred or suffered by Bimbimbi Farms arising from or in any way related to your use of our website and you agree to pay all solicitors incurred fees. You also agree to release Bimbimbi Farms in the event of any virus or disabling feature entering your computer system which results in loss or damage.
Copyright, Trademark and Restrictions of Use
This website contains Material which is owned by or licensed to us. This Material includes, but is not limited to, the design, layout, look, appearance, trademarks and graphics. You are not permitted to reproduce the documents, information or materials on the website for the purposes of sale or the use by any third party. In particular, you are not permitted to republish, upload, transmit electronically or otherwise or distribute any of the Materials, documents or products that may be available for download from time to time on this website.
All names, logos and trademarks are owned by Bimbimbi Farms or the third parties who have contributed to our website. Nothing on our website should be interpreted as granting any rights or any license to use or distribute any names, logos or trademarks, without express written authorisation of Upper Murray Beef or the relevant third parties.
You may only access, use and/or print the Material for non-commercial or personal uses provided that any copyright notice on such page is not removed. All other use, copying, reproduction, republication, uploading, transmission, distribution and/or modification of the Material is prohibited unless provided for in the Terms and Conditions or on Our Website or expressly authorised in writing by Upper Murray Beef or as permitted by applicable copyright legislation.
As a condition of your use of our website, you warrant to Upper Murray Beef that you will not use our website for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use our website in any manner which could damage, disable, overburden, or impair our website or interfere with any other party's use and enjoyment of our website. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through our website.
Right to suspend or Cancel User Account
We may permanently or temporarily terminate or suspend your access to the service without notice and liability for any reason, including if in our sole determination you violate any provision of these Terms or any applicable law or regulations. You may discontinue use and request to cancel your account and/or any services at any time. Notwithstanding anything to the contrary in the foregoing, with respect to automatically-renewed subscriptions to paid services, such subscriptions will be discontinued only upon the expiration of the respective period for which you have already made payment.
At Upper Murray Beef we stand behind our product quality, and we work hard to deliver exactly what you ordered in excellent condition on time. We are human and in rare instances mistakes can be made, please contact us via our contact form if your delivery does not match your order.
Upper Murray Beef handles returns and processes refunds in accordance with the Australian Consumer Protection legislation. When shopping on our website please select your items carefully. We sell perishable products; therefore we are unable to accepts physical returns in part or in full for orders.
If you are not completely satisfied with your order and wish to request a refund in part or in full for your order, please notify us via email at hello@uppermurraybeef.com.au within 7 days of purchase with a valid reason for refund.
If we are unable to resolve your complaint or further assist you, refunds will be processed promptly and payment made by the same method that you made payment. Shipping costs and Stripe payment processing fees are not refundable.
All refunds are made at the discretion of Upper Murray Beef.
Refund Policy
Physical goods may be delivered by Cool Cartons and/or other reputable courier companies. Deliveries are processed on a weekly basis upon receipt of full payment. Delivery may take between 2 and 14 days, depending on your location. Damaged or lost orders should be resolved with Cool Cartons or the courier company directly and we are not responsible for goods that are damaged in transit or not received. Replacement of damaged or lost items is made at the discretion of Upper Murray Beef.
Digital goods are delivered immediately. Please be aware there are inherent risks associated with downloading any software and digital goods. Should you have any technical problems downloading any of our goods, please contact us so we may try to assist you.
Delivery of Goods
Ownership does not pass to the purchaser until goods and services are paid for in full and funds have been cleared.
Transfer of Ownership
Pricing
While we shall endeavour to keep pricing current at all times, pricing may be subject to change without notice. All prices are expressed in Australian dollars and are subject to 10% GST unless otherwise stated.
Personal Information Policy
Upper Murray Beef recognises that it must maintain and use customer information responsibly. Examples of personal Information collected are: name, billing address, delivery address, payment information (including credit card numbers), email address, phone number.
Purpose of collection is to provide products or services to you to fulfill our contract, to process your payment information, organise delivery with partners, and provide you with invoices and/or order confirmations, communicate with you, and when in line with the preferences you have shared with us, provide you with information or advertising relating to our products or services. We may also use customer information/feedback for marketing and promotional purposes.
We do not and will not sell or deal in personal or customer information. We may however use in a general sense without any reference to your name, your information to create marketing statistics, identify user demands and assist in meeting customer needs generally. In addition, we may use the information that you provide to improve our website and services but not for any other use.
UpperMurrayBeef.com.au may be required, in certain circumstances, to disclose information in good faith and where UpperMurrayBeef.com.au is required to do so in the following circumstances: by law or by any court; to enforce the terms of any of our customer agreements; or to protect the rights, property or safety of our customers or third parties.
We reserve the right to keep personal information provided at the time of ordering in accordance with Data Protection Laws. This will solely be for our information and to provide you with future offers and promotions. Beyond the needs stated above, your information will never be passed on to a third party unless explicitly agreed by you.
Privacy
Our website is hosted on the Wix.com platform. Wix.com provides us with the online platform that allows us to sell our products and services to you. Your data may be stored through Wix.com’s data storage, databases and the general Wix.com applications. They store your data on secure servers behind a firewall. Data include details about any computer used to access our website (e.g., the domain from which you access the Internet, the date, time and duration of visits and the Internet address of the website from which you linked to our website) and details of the information downloaded. The information we collect is used for internal statistical purposes and to improve our website. Please read our separate Privacy Policy carefully.
Links to third party sites
Our website may contain links to other websites ("Linked Sites"). The Linked Sites are not under our control and we are not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site.
We are not responsible for webcasting or any other form of transmission received from any Linked Site. We are providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Bimbimbi Farms of the site or any association with its operators. You must not create or maintain any link from a Linked Site to our website without the written consent of Bimbimbi Farms.
Material on our Website
The material on our website, including all text, graphics, images and other material (“Material”) is provided by us for general guidance and is intended to offer the user general information of interest only. The Material is not legal, financial or other professional advice and should not be relied on as a substitute for such advice. Neither the transmission of Material on Our website nor Your receipt of any material is intended to create any professional or fiduciary relationship between You and Bimbimbi Farms.
Bimbimbi Farms makes no warranties or representations regarding the quality, accuracy, completeness, merchantability or fitness for purpose of any of the Material. We endeavour to take care in compiling the Material, however the Material may contain inaccuracies, errors or omissions. Any use and/or reliance on the Material is at your own risk. It is Your responsibility to carry out an appropriate virus check to ensure that our website and the Material is free from viruses and other harmful code before using and/or accessing Our website and any Material.
Whole Agreement
These Terms and Conditions represent the whole agreement between you and Bimbimbi Farms concerning your use and access to UpperMurrayBeef.com.au website, your use and access to the documents and information on it, and services provided by us to you through it. No other term is to be included in this agreement except where it is required to be included by any legislation of the Commonwealth or any State or Territory. All implied terms except those implied by statute and which cannot be expressly excluded are hereby expressly excluded.
PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE.
This website is owned and operated by Bimbimbi Farms Pty Ltd - ABN 38 159 338 799 (“Bimbimbi Farms”) trading as Upper Murray Beef (“Upper Murray Beef”). Upper Murray Beef logo is a registered trademark of Bimbimbi Farms.
For the purposes of these Terms and Conditions, “Us”, “Our website” and “We” refer to UpperMurrayBeef.com.au and “You” and “Your” refers to You, the client, visitor, website user or person using our website.
Our website is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. Your use of our website constitutes your agreement to all such terms, conditions, and notices. We may amend the Terms and Conditions from time to time and without notice. By continuing to use our website you accept and are bound by the Terms and Conditions as they apply from time to time.
PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE.