TERMS & CONDITIONS

Please read the following terms and conditions carefully.

The expressions “we”, “us” and “our” refer to Lupin Foods Pty Ltd, trading as The Lupin Co, ABN 69 611 053 902 in these terms and conditions.

By accessing, purchasing and/or using the features on this site, www.thelupinco.com.au  (“Website”), you agree to be bound by these terms and conditions.

  1. About us
    • We create, make and deliver a range of products which include but is not limited to lupin flakes, lupin flour, lupin-based foods and more.
    • We provide you with a website to purchase these products from us and selected third party providers.
    • We also provide you with a blog feature to share information online either related to our products or general information of interest.
    • We reserve the right to revise, alter, modify any or all of the website.
    • These terms and conditions may be revised and updated from time to time. The publication on this website of any changes to the terms and conditions will be effective immediately and it is your responsibility to be aware of the terms and conditions.
  1. Disclaimer and Limitation of Liability
    • Any advice on our website is general information only.
    • It is your responsibility to seek medical advice if you have any allergies, illnesses or concerns in relation to the products or any information posted by users on this website. You indemnify and hold us harmless in relation to this.
    • Except to the extent required by law:
    1. This website and its content are provided without any warranties (whether express or implied, including but not limited to implied warranties to the fullest extent permitted by law). The information on the website or on any products is for general information purposes only and does not constitute or is in any way connected to professional advice. Your use of this website is at your own risk.
    2. We do not represent or warrant that the website will be uninterrupted or error free or that the website or the service is free of viruses or any other harmful components.
    3. We do not make any warranties or representations regarding the products on the website in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise.
    4. We do not make any warranties or representations regarding the information on the blog feature on our website in terms of its correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise.
    5. In times where this website may contain links to other website or information provided by third parties, we make no warranties or representations about the accuracy or suitability of the information or links provided on this website, including information provided by third parties. Should you decide to access any third-party website linked from our website, you do so at your own risk.
    6. Neither we, nor any of our affiliates or any party involved in creating, producing or delivery of the website will be liable for any direct or indirect damages or loss that may result from the use (or inability to use) the products obtained from and the materials on the Website. This includes any damages caused by viruses, any incorrectness or incompleteness of the information on the Website, performance of the products. We recommend that you install and use up to date anti-virus and anti-spyware and firewall software on your computer.

     

  2. Warranties and Liability 
    • Subject to our obligations under non-excludable provisions as contained in Schedule 2 of the Competition and Consumer Act 2010 (Cth), and to the maximum extent permitted by law and to the extent that your act or omissions (or those of a third party) contribute to the loss or liability, for all claims under these terms and conditions (whether in Contract, Tort, in equity, under statue or under an indemnity) based on fundamental breach or breach of a fundamental term or any other basis is limited to AUD $100.00.
  1. Your obligations

You must:

    • ensure that your access to this website is not illegal or prohibited by laws that apply to you;
    • take your own precautions to ensure that your access to this website does not expose you to the risk of viruses, malicious computer code or any other form of damage to your own computer system. You indemnify us from any responsibility for any interference of damage to your computer system which arises from your use of this website;
    • must not misuse our system or this website;
    • must not hack or circumvent security or disrupt our website;
    • must not undertake any activity which will place an unreasonable burden on our website;
    • must not publish or cause publication of any materials (written or verbal) that are derogatory or defamatory to us or the website;
    • to wholly indemnify us and our respective officers, employees, agents and parties against all actions, claims and demand that may be instituted against us arising out of your failure to comply with these terms and conditions.
  1. Website

Product Information

All information on this website relating to products for sale is general information only and at times provided by third party product suppliers. While we will do our best endeavours to ensure the information is accurate; we take no responsibility and you agree to indemnify us wholly for the information relating to the products for sale on our Website.

    • The products offered on this Website are subject to availability and can be withdrawn without notice.

Security of Information

    • Unfortunately, no data transmission over the Internet can be guaranteed as totally secure. Whilst we strive to protect such information, we do not warrant and cannot ensure the security of any information which you transmit to us. Accordingly, any information which you transmit to us is transmitted at your own risk.

Termination of Access

    1. Access to this Website may be terminated at any time by us without notice.
    2. Your online Account
    • If you sign up for an account on our website the information you provide us is subject to our Privacy Policy and the Privacy Act 1988(Cth).
    • You are advised to keep your password confidential to protect your account.
    • You understand that you are solely responsible for all activities performed by any user in your account on our website and, to the extent permitted by law, agree to indemnify and hold harmless us in the event of any illegal, fraudulent or misuse of your online account.
    • You agree to take all necessary precautions to mitigate any losses and will report to us any suspicious or questionable activity within reasonable time of discovery of any such activities.
    • We reserve the right to terminate your online account if we suspect any fraudulent activity, without notice.
    • Any unauthorised use or concern relating to your Website account can be emailed to [email protected]
  1. Placing orders on Website
    • When making an order for products on our Website you must ensure:
    1. You select the products and quantity of your order;
    2. You enter the name and details of the delivery for your order correctly;
    3. Your contact details (telephone, email and address) are up to date and correct;
    4. You pay the required amount for your order before delivery.

     

     

  2. Prices

All pricing on this Website is in Australian Dollars and is inclusive of goods and services tax (GST).

Credit card charges

You are responsible for credit card charges or associated fees which may be applied by your financial provider or a third-party payment portal website.

Restricted Use

Unless we agree otherwise in writing or you hold an approved wholesale account with us, you are provided with access to this website only for your personal use. Without limiting the foregoing, you may not without our written permission on sell products or information obtained from this website.

Discount coupons

If you sign use our Coupons, this coupon is limited to one person only for a postal address. You may not sign up with multiple email addresses and we reserve the right to cancel any account or refuse to apply a coupon discount which we reasonably suspect may have any such fraudulent activity.

  1. Refunds, Cancellations and Exchanges

Refunds

    • We are happy to offer a refund on products purchased so long as the product is unopened and in the original packaging in a condition able for resale. The product/s must be returned to us by post (at your own cost) within 14 days of the date of purchase.
    • To request a refund, please email [email protected] with the details of the products you wish to return. We will respond to your email and provide you a refund reference number to include with the products you wish to return.

All parcels for refunds are to be addressed to:

PO Box 580, Fremantle, WA, 6959, Australia

    • We will process refunds promptly and no later than 30 days of the date of our receipt of your returned product/s. We will send you a confirmation email to confirm once your refund has been processed.

Cancellations and Exchanges

    • We do not offer any exchange for products purchased.
    • If you make an error on your order or wish to cancel your order after confirmation, please email us at [email protected] . We make no promises or assurances that your order can be amended or cancelled however we will use our best endeavours to respond to any such request.
  1. Shipping and Delivery

Australia wide

    • Orders over AUD $60.00 are eligible for free shipping. The delivery address must be in Australia.
    • For orders under AUD $60.00 standard shipping fees apply.
    • We will use our best endeavours to ship your order within 1 business day of order.
    • Please allow 5-10 business days for delivery.

International

    • For all overseas countries, please email us at [email protected]  for an international shipping fee estimate.
  1. Wholesale

Please refer to the Wholesale page for further information or to sign up for an account with us.

  1. Intellectual Property
    • Except as may be otherwise indicated with authorisation by us or expressly within the Website, you are authorised to view, play, print and download documents, audio and video found on the website for personal, informational, and non-commercial purposes only.
    • Except as permitted by applicable copyright laws, you may not modify any of the materials and you may not copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell any information or work contained on the website.
    • We grant you a limited, non-transferable licence to access and use this Website solely for your personal, non-commercial purpose.
    • All of our trademarks, service marks and trade names used herein are our trademarks or registered trademarks, unless stated otherwise. You may not use, copy, reproduce, republish, upload, post, transmit, distribute, or modify our trademarks in any way, including in advertising or publicity pertaining to distribution of materials on the website, without our prior written consent.
    •  The use of our trademarks on any other website or network computer environment, for example the storage or reproduction of (a part of) the website in any external internet website or the creation of links, hypertext, links or deep links between the website and any other internet website, is prohibited without our express written consent.
  1. Jurisdiction
    • Use of this Website, all matters arising out of or in connection with it and all terms are governed by the laws applicable in the State of Western Australia, Australia.
    • By accessing this Website, you consent and submit to the exclusive jurisdiction of the Courts of Western Australia, Australia, in all matters arising out of or in connection with your use of this Website and terms.
  1. Liability
    • We are liable to you in accordance with these terms and conditions in providing the sale of products and blog feature on our website only.
    • Subject to the application of consumer guarantees which may be implied into the sale of products to you, and to the extent otherwise permitted at law, we are not otherwise liable to you or anyone else (including for negligence, breach of contract or tort) for any loss or damage (including direct or indirect loss or damages, lost profits or savings or damages for disappointment) which is suffered directly or indirectly in connection with the:
      • use of (or inability to use) this website or any linked website;
      • disruption to this website;
      • the delivery or non-delivery of your order; or
      • any act or omission of a user of the website or third party product provider.
      • Nothing in these terms and conditions is intended to exclude or restrict the application of Australian Consumer Laws but we do not give any guarantee or warranty and do not make any representation of any kind, express or implied, with respect to use of this Website or products supplied by us outside these laws.
  1. Privacy Policy

We undertake to comply with the terms of our privacy policy, which is provided on this website. By using this website, you acknowledge that you have read our Privacy Policy.

These terms and conditions were last updated on 19 January 2021.

EXCHANGE & REFUND POLICY

Refunds

    • We are happy to offer a refund on products purchased so long as the product is unopened and in the original packaging in a condition able for resale. The product/s must be returned to us by post (at your own cost) within 14 days of the date of purchase.
    • To request a refund, please email [email protected] with the details of the products you wish to return. We will respond to your email and provide you a refund reference number to include with the products you wish to return.

All parcels for refunds are to be addressed to:

PO Box 580, Fremantle, WA, 6959, Australia

    • We will process refunds promptly and no later than 30 days of the date of our receipt of your returned product/s. We will send you a confirmation email to confirm once your refund has been processed.

Cancellations and Exchanges

    • We do not offer any exchange for products purchased.
    • If you make an error on your order or wish to cancel your order after confirmation, please email us at [email protected] . We make no promises or assurances that your order can be amended or cancelled however we will use our best endeavours to respond to any such request.

Shipping

Shipping & Delivery

Australia wide

    • Orders over AUD $60.00 are eligible for free shipping. The delivery address must be in Australia.
    • For orders under AUD $60.00 standard shipping fees apply.
    • We will use our best endeavours to ship your order within 1 business day of order.
    • Please allow 5-10 business days for delivery.

International

    • For all overseas countries, please email us at [email protected]  for an international shipping fee estimate.

These terms are to be read in conjunction with our Terms and Conditions.