Terms of service

AGREEMENT BETWEEN USER AND MERLO COFFEE
The Merlo Coffee website is comprised of various web pages operated by Merlo Coffee. The Merlo Coffee website is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. Your use of the Merlo Coffee website constitutes your agreement to all such terms, conditions, and notices.

MODIFICATION OF THESE TERMS OF USE
Merlo Coffee reserves the right to change the terms, conditions, and notices under which the Merlo Coffee website is offered, including but not limited to the charges associated with the use of the Merlo Coffee website.

LINKS TO THIRD PARTY SITES

The Merlo Coffee website may contain links to other websites (“Linked Sites”). The Linked Sites are not under the control of Merlo Coffee and Merlo Coffee is 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. Merlo Coffee is not responsible for webcasting or any other form of transmission received from any Linked Site. Merlo Coffee is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Merlo Coffee of the site or any association with its operators.

NO UNLAWFUL OR PROHIBITED USE
As a condition of your use of the Merlo Coffee website, you warrant to Merlo Coffee that you will not use the Merlo Coffee website for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the Merlo Coffee website in any manner which could damage, disable, overburden, or impair the Merlo Coffee website or interfere with any other party’s use and enjoyment of the Merlo Coffee website. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Merlo Coffee website. 

USE OF COMMUNICATION SERVICES
The Merlo Coffee website may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, “Communication Services”), you agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service. By way of example, and not as a limitation, you agree that when using a Communication Service, you will not:

  • Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
  • Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information.
  • Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents.
  • Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer.
  • Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages.
  • Conduct or forward surveys, contests, pyramid schemes or chain letters.
  • Download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner.
  • Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
  • Restrict or inhibit any other user from using and enjoying the Communication Services.
  • Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service.
  • Harvest or otherwise collect information about others, including e-mail addresses, without their consent.
  • Violate any applicable laws or regulations.

Merlo Coffee has no obligation to monitor the Communication Services. However, Merlo Coffee reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. Merlo Coffee reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.

Merlo Coffee reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Merlo Coffee’s sole discretion.

Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. Merlo Coffee does not control or endorse the content, messages or information found in any Communication Service and, therefore, Merlo Coffee specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorised Merlo Coffee spokespersons, and their views do not necessarily reflect those of Merlo Coffee.

Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you download the materials.

MATERIALS PROVIDED TO MERLO COFFEE OR POSTED AT ANY MERLO COFFEE WEBSITE

Merlo Coffee does not claim ownership of the materials you provide to Merlo Coffee (including feedback and suggestions) or post, upload, input or submit to any Merlo Coffee website or its associated services (collectively “Submissions”). However, by posting, uploading, inputting, providing or submitting your Submission you are granting Merlo Coffee, its affiliated companies and necessary sublicensees permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission.

No compensation will be paid with respect to the use of your Submission, as provided herein. Merlo Coffee is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in Merlo Coffee’s sole discretion.

By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.

LIABILITY DISCLAIMER

The information, software, products, and services included in or available through the Merlo Coffee website may include inaccuracies or typographical errors. Changes are periodically added to the information herein. Merlo Coffee and/or its suppliers may make improvements and/or changes in the Merlo Coffee website at any time. Advice received via the Merlo Coffee 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.

Merlo Coffee 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 Merlo Coffee 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. Merlo Coffee 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 Merlo Coffee 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 Merlo Coffee website, with the delay or inability to use the Merlo Coffee website or related services, the provision of or failure to provide services, or for any information, software, products, services and related graphics obtained through the Merlo Coffee website, or otherwise arising out of the use of the Merlo Coffee website, whether based on contract, tort, negligence, strict liability or otherwise, even if Merlo Coffee 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 the Merlo Coffee website, or with any of these terms of use, your sole and exclusive remedy is to discontinue using the Merlo Coffee website.

Service contact: info@merlo.com.au

TERMINATION/ACCESS RESTRICTION
Merlo Coffee reserves the right, in its sole discretion, to terminate your access to the Merlo Coffee website and the related services or any portion thereof at any time, without notice.

Use of the Merlo Coffee website is unauthorised in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Merlo Coffee as a result of this agreement or use of the Merlo Coffee website. Merlo Coffee’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Merlo Coffee’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Merlo Coffee website or information provided to or gathered by Merlo Coffee with respect to such use.

If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Merlo Coffee with respect to the Merlo Coffee website and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Merlo Coffee with respect to the Merlo Coffee website.

A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be drawn up in English.

ADVERTISED PRICING DISCLAIMER

Merlo Coffee reserves the right to override incorrect prices that are inaccurately advertised on the Website. as a result of system or website errors. Merlo Coffee is not committed to honouring incorrectly advertised pricing that has occurred as a result of an error on the Website, for example, in relation to description, price or image, or in an event beyond Merlo Coffee’s control, such as storm, fire, flood, earthquake, terrorism, power failure, war, strike, failure of computer systems or system errors. Merlo Coffee always reserves the right to charge correct pricing.

COPYRIGHT AND TRADEMARK NOTICES:
All contents of the Merlo Coffee website are: Copyright Merlo Coffee Pty Ltd and/or its suppliers. All rights reserved.

TRADEMARKS

The names of actual companies and products mentioned herein may be the trademarks of their respective owners.

The example companies, organisations, products, people and events depicted herein are fictitious. No association with any real company, organisation, product, person, or event is intended or should be inferred.

Any rights not expressly granted herein are reserved.

MOBILE TERMS OF SERVICE
Merlo Coffee | Last updated: Oct. 5, 2023

The Merlo Coffee mobile message service (the "Service") is operated by Merlo Coffee (“Merlo Coffee”, “we”, or “us”). Your use of the Service constitutes your agreement to these terms and conditions (“Mobile Terms”). We may modify or cancel the Service or any of its features without notice. To the extent permitted by applicable law, we may also modify these Mobile Terms at any time and your continued use of the Service following the effective date of any such changes shall constitute your acceptance of such changes.

By consenting to Merlo Coffee’s SMS/text messaging service, you agree to receive recurring SMS/text messages from and on behalf of Merlo Coffee through your wireless provider to the mobile number you provided, even if your mobile number is registered on any state or federal Do Not Call list. Text messages may be sent using an automatic telephone dialing system or other technology. Service-related messages may include updates, alerts, and information (e.g., order updates, account alerts, etc.). Promotional messages may include promotions, specials, and other marketing offers (e.g., cart reminders).

You understand that you do not have to sign up for this program in order to make any purchases, and your consent is not a condition of any purchase with Merlo Coffee. Your participation in this program is completely voluntary.

We do not charge for the Service, but you are responsible for all charges and fees associated with text messaging imposed by your wireless provider. Message frequency varies. Message and data rates may apply. Check your mobile plan and contact your wireless provider for details. You are solely responsible for all charges related to SMS/text messages, including charges from your wireless provider.

You may opt-out of the Service at any time. Text the single keyword command STOP to MerloCoffee or click the unsubscribe link (where available) in any text message to cancel. You'll receive a one-time opt-out confirmation text message. No further messages will be sent to your mobile device, unless initiated by you. If you have subscribed to other Merlo Coffee mobile message programs and wish to cancel, except where applicable law requires otherwise, you will need to opt out separately from those programs by following the instructions provided in their respective mobile terms.

For Service support or assistance, text HELP to MerloCoffee or email info@merlo.com.au.

We may change any short code or telephone number we use to operate the Service at any time and will notify you of these changes. You acknowledge that any messages, including any STOP or HELP requests, you send to a short code or telephone number we have changed may not be received and we will not be responsible for honoring requests made in such messages.

The wireless carriers supported by the Service are not liable for delayed or undelivered messages. You agree to provide us with a valid mobile number. If you get a new mobile number, you will need to sign up for the program with your new number.

To the extent permitted by applicable law, you agree that we will not be liable for failed, delayed, or misdirected delivery of any information sent through the Service, any errors in such information, and/or any action you may or may not take in reliance on the information or Service.

We respect your right to privacy. To see how we collect and use your personal information, please see our Privacy Notice.