Terms and Conditions

TERMS AND CONDITIONS

No one likes to read terms and conditions so here’s the breakdown.

  • Curo is a subscription service. We deliver until you tell us not to.
  • No contracts – cancel or suspend any time.
  • Payment must be made before delivery.
  • If a redelivery is required at an alternative time through no fault of ours or our logistics partners an additional fee of $22 will be charged.

For those who like the details..

1) DEFINITIONS:

“Agreement” means the Agreement Form, incorporating these Terms and Conditions.
“Agreement Form” means the form signed by You.
“Curo” means Tom & Scarlett’s Pty Ltd trading as Curo Lifestyle ABN 55 161 431 376, located at Suite 113/120 Bourke Street Woolloomooloo, NSW, 2011 Australia.
“Products” means alkaline water and other consumables or products sold to the Customer by Curo.
“Monthly Payment Date” means the date on which you place your first order at www.curolifestyle.com.au and each calendar monthly thereafter.

2) AGREEMENT:

This document sets out the Terms and Conditions applicable to the Agreement between the customer (“You/Your”) and Tom & Scarlett’s Pty Ltd (“We/Our/Us”) under which products (Our Products) listed on our website www.curolifestyle.com.au (Our Site) via one of our subscription services (Services) may be purchased by you. You understand that by ordering any of our Products or subscribing to one of our Services, you agree to be bound by these terms and conditions. We reserve the right to amend this Notice at any time and your use of the website following any amendments will represent your agreement to be bound by these terms and conditions as amended. We therefore recommend that each time you access our website you read these terms and conditions. Please tick the checkbox in the shopping cart to accept these terms and conditions. Please understand that if you do not accept these terms and conditions, you will not be able to order any Products from our site.

3) COMMENCEMENT DATE:

The commencement date of the Agreement is the date the Agreement Form is signed by you.

4) TERM:

a) There is no minimum Agreement term.
b) Upon termination of the Agreement, the fee for any unused Products will not be refunded.

5) OWNERSHIP:

The ownership of Products do not pass until payment has been made in full. We have the right to collect the Products in the event that you fail to abide by the terms and conditions of the Agreement, or become bankrupt, insolvent, wound-up or discontinue operation. The above shall be in addition to the right of us to demand the immediate payment of the balance of the consideration due from you in these circumstances.

6) DELIVERY:

a) After ordering online, you will receive an email confirmation from eWAY containing order details. We will normally confirm receipt of your order within a few minutes of ordering.
b) We will deliver Products to your nominated premises via logistics partner within 5 working days; however if goods are unavailable delivery will take a little longer.
c) Delivery is free of charge within the Sydney metropolitan area as defined by Australia Post at: http://auspost.com.au/parcels-mail/delivery-areas.html.
d) You agree to provide our logistics partner reasonable and safe access to its premises.
e) Delivery queries can be emailed to [email protected]
f) If a redelivery is required at an alternative time through no fault of ours or our logistics partners an additional fee of $22 will be charged.

7) LIABILITY:

a) To the full extent permitted by law, all conditions and warranties that would be implied (by statute, general law, customs or otherwise) are expressly excluded.
b) The liability of us for breach of the condition or warranty is limited to one of the following, at the option of us:
i) in the case of goods:
(1) the replacement of the goods or the supply of equivalent goods;
(2) the payment of the cost of replacing the goods or of acquiring equivalent goods; or
ii) in the case of services:
(1) the supplying of the services again; or
(2) the payment of the cost of having the services supplied again.
c) Under no circumstance are We liable to you for any indirect loss or consequential loss, however it arises or for punitive or exemplary damages or for any loss of profit, loss of revenue, or loss of opportunity.

8) MOVING:

You agree to notify us of any changes to contact information or address.

9) PAYMENT:

a) You must make payment by the payment methods provided before delivery.
b) Once you have placed your order, you must pay us for the subscription plan you elect to subscribe to on the Monthly Payment Date.
c) If you are granted a trade account, payment must be made within 14 days of order.

10) OVERDUE PAYMENTS:

a) You agree that any payments dishonoured or reversed by the your bank will be reimbursed by you to us including all fees charged by your bank to us plus reasonable administration charges.
b) You agree that any reasonable costs or disbursements incurred by us in recovering any outstanding monies including debt collection agency fees, solicitor’s costs plus overdue interest charges calculated daily from due date and applied at 10% per annum, shall be paid by you.

11) PRICING:

a) You agree to pay for the Products and Services supplied by us, including GST where applicable, at the price specified on the initial order, the Agreement Form or at the revised price specified by us according to clauses 12(b).
b) We reserve the right to adjust the price of Products during the Term, acting reasonably taking into account increases in the costs of Products to us and the Consumer Price Index, by giving 14 days’ notice to you of the price increase.

12) AGREEMENT TO OBTAIN CERTAIN INFORMATION:

a) You consent to us using and disclosing your personal information for the express purposes of accepting, processing and fulfilling your order, notifying you of your order status, product research and development, assisting us to improve customer services and allowing us to market the services of its partners.
b) You may notify us at any time if you do not wish to continue receiving marketing information from us.
c) We will not disclose your personal information to any person unless it is:
i) required or authorised by law;
ii) for the purpose of obtaining a consumer credit report about you;
iii) to an entity that acquires the business or assets of us.
d) You agree that We may exchange personal information about you with those credit providers named in a consumer credit report issued by a credit reporting agency for the purpose of exchanging references about your creditworthiness.
e) You are able to access personal information maintained by us. There shall be no fee to apply for access.

13) REFUNDS AND RETURNS POLICY:

a) If for any reason you are not completely satisfied with your purchase we will provide a full refund if you email us at [email protected] within 5 working days of your order.
b) This refund policy does not apply to goods which have been used or damaged after delivery, or if any attempt has been made to alter the product.
c) All products must be returned in their original condition. A collection fee of $20.00 is to be paid by you.

14) SECURITY POLICY:

a) Curo uses the eWAY Payment Gateway for its online credit card transactions. eWAY processes online credit card transactions for thousands of Australian merchants, providing a safe and secure means of collecting payments via the Internet.
b) All online credit card transactions performed on this site using the eWAY gateway are secured:
i) Payments are fully automated with an immediate response.
ii) Your complete credit card number cannot be viewed by Curo or any outside party.
iii) All transactions are performed under 128 Bit SSL Certificate.
iv) All transaction data is encrypted for storage within eWAY’s bank-grade data centre, further protecting your credit card data.
v) eWAY is an authorised third party processor for all the major Australian banks.
vi) eWAY at no time touches your funds; all monies are directly transferred from your credit card to the merchant account held by Curo.
vii) For more information about eWAY and online credit card payments, please visit www.eWay.com.au.

15) OUR RIGHT TO VARY THESE TERMS AND CONDITIONS:

a) We have the right to revise and amend these terms and conditions from time to time to reflect changes in market conditions affecting our business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in our system’s capabilities.
b) You will be subject to the policies and terms and conditions in force at the time that you order Products from us, unless any change to those policies or these terms and conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those policies or these terms and conditions before we send you Products (in which case we have the right to assume that you have accepted the change to the terms and conditions, unless you notify us to the contrary within seven working days of receipt by you of the Products).

16) GOVERNING LAW AND JURISDICTION:

The laws of New South Wales and the Commonwealth of Australia apply to these terms and conditions. All disputes will be heard and settled in accordance with the Courts of New South Wales and any courts of appeal therefrom.