terms & privacy

TERMS OF USE

your use of this site (website) constitutes your acceptance of the following usage agreement. please please please read it carefully.

Do not use this site (website) if you do not agree to be bound by these terms and conditions. Be sure to check this page periodically for updates, as your continued use of the site (website) confirms your acceptance of any changed items.

The following terms of use outline your obligations when using the metrio coffee website. You can also review our privacy statement, which outlines our obligations and practices towards handling any personal information that you may provide to us.

ACCEPTANCE OF TERMS

the web pages available at http://www.metriocoffee.com.au, and all linked pages (“site”), are owned and operated by metrio coffee pty ltd trading as metrio coffee (“metrio coffee”) and is accessed by you under the terms of use described below (“terms of use”).

please read these terms of use carefully before using the services. by accessing this site or using any part of the site or any content or services (as defined below) on the site, you agree to become bound by these terms and conditions, then you may not access the site or use the content or any other services in this site [not sure if this is supposed to be here???]. metrio coffee’s acceptance is expressly conditioned upon assent to all of these terms and conditions, to the exclusion of all other terms; if these terms and conditions are considered an offer by metrio coffee, acceptance is expressly limited to these terms.

RESTRICTIONS ON USE OF MATERIALS

material from http://www.metriocoffee.com.au, and from any other world wide web sites owned, operated, licensed, or controlled by metrio coffee or any of its related, affiliated, or subsidiary companies, may not be copied or distributed, or republished, uploaded, posted, or transmitted in any way, without the prior written consent of metrio coffee, except as follows: you may download one copy of the material on one computer for your personal, non-commercial home use only, provided you do not delete or change any copyright, trademark, or other proprietary notices. modification or use of the materials for any other purpose violates the intellectual property rights of metrio coffee. in the event that you download software from this site, the software, including all files, images incorporated in or generated by the software, and all data accompanying the software (collectively, "the software") are deemed to be licensed to you by metrio coffee. metrio coffee retains full and complete title to the software and to all intellectual property rights therein. you may not redistribute, sell, reverse engineer, disassemble, or otherwise convert the software to a human-perceivable form.

DISCLAIMER

the materials in this site are provided "as is" and without warranties of any kind, either express or implied. to the fullest extent permissible pursuant to applicable laws metrio coffee disclaims all warranties, express or implied, including but not limited to implied warranties of merchantability and fitness for a particular purpose. metrio coffee does not warrant that the functions contained in the materials will be uninterrupted or error-free, that defects will be corrected, or that this site or the server that makes it available are free of viruses or other harmful components. metrio coffee does not warrant or make any representations regarding the use or the results of the use of the materials in this site in terms of their correctness, accuracy, reliability, or otherwise. you (and not metrio coffee) assume the entire cost of all necessary servicing, repair or correction. applicable law may not allow the exclusion of implied warranties, so the above exclusion may not apply to you.

MODIFICATIONS OF TERMS OF USE

metrio coffee reserves the right, at its sole discretion, to modify or replace the terms of use at any time. if the alterations constitute a material change to the terms of use, metrio coffee will notify you by posting an announcement on the site. what constitutes a "material change" will be determined at metrio coffee’s sole discretion, in good faith and using common sense and reasonable judgment. you shall be responsible for reviewing and becoming familiar with any such modifications. use of the services by you following such notification constitutes your acceptance of the terms and conditions of the terms of use as modified.

DESCRIPTION OF SERVICE

subject to full compliance with the terms of use, metrio coffee may offer to provide certain services and content, as described more fully on the site, ("services"). services shall include, but not be limited to, any service and content metrio coffee performs for you, as well as the offering of any materials displayed, transmitted or performed on the site or through the services (including, but not limited to text, comments, messages, information, data, graphics, news articles, photographs, images, illustrations, software, audio clips and video clips, also known as the "content"). metrio coffee may change, suspend or discontinue the services including any content for any reason, at any time, including the availability of any feature or content. metrio coffee may also impose limits on certain features and services or restrict your access to parts or all of the services without notice or liability.

YOUR REGISTRATION OBLIGATIONS

as a condition to using services, you are required to register with metrio coffee and select a password and user name ("metrio coffee user id"). you shall provide metrio coffee with accurate, complete, and updated registration information. failure to do so shall constitute a breach of the terms of use, which may result in immediate termination of your metrio coffee account. you may not (i) select or use as a metrio coffee user id a name of another person with the intent to impersonate that person; (ii) use as a metrio coffee user id a name subject to any rights of a person other than you without appropriate authorisation; or (iii) use as a metrio coffee user id a name that is otherwise offensive, vulgar or obscene. metrio coffee reserves the right to refuse registration of, or cancel a metrio coffee user id in its discretion. you shall be responsible for maintaining the confidentiality of your metrio coffee password.

services are available only to individuals who are at least 18 years old, whether acting on their own behalf or as an authorised employee or representative of a corporation or other business entity. if you do not so qualify, do not attempt to register for or use the services.

USER CONDUCT

As a condition of use, you promise not to use the Services for any purpose that is unlawful or prohibited by these Terms of Use, or any other purpose not reasonably intended by Metrio Coffee.
By way of example, and not as a limitation, you agree not to use the Services:

1. For any illegal or unauthorised purpose. If you are an international user, you agree to comply with all local laws regarding online conduct and acceptable content;
2. To post or transmit, or cause to be posted or transmitted, any communication or solicitation designed or intended to obtain password, account, or private information from any Metrio Coffee user;
3. To violate any laws in your jurisdiction (including but not limited to copyright laws);
4. To submit stories or comments linking to affiliate programs, multi-level marketing schemes, sites/blogs repurposing existing stories (source hops), or off-topic content;
5. With the exception of accessing RSS feeds, you will not use any robot, spider, scraper or other automated means to access the Site for any purpose without our express written permission. Additionally, you agree that you will not: (i) take any action that imposes, or may impose in our sole discretion an unreasonable or disproportionately large load on our infrastructure; (ii) interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site; or (iii) bypass any measures we may use to prevent or restrict access to the Site;
6. Attempt to impersonate another user or person; and
7. Sell or otherwise transfer your profile.

Metrio Coffee may remove any Content and Metrio Coffee accounts at any time for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Content), or for no reason at all. To report Terms of Use abuse, please email: abuse@metriocoffee.com.au.

You are solely responsible for your interactions with other users of the Site. Metrio Coffee reserves the right, but has no obligation, to monitor disputes between you and other users.

METRIO COFFEE'S PRIVACY STATEMENT

Metrio Coffee's current Privacy Statement is available at http://www.metriocoffee.com.au/terms-privacy (the "Privacy Statement"), which is incorporated by this reference.

For an explanation of Metrio Coffee practices and policies related to the collection, use and storage of our online users' information, please read our Privacy Statement.

INDEMNITY

You will indemnify and hold harmless Metrio Coffee, its parents, subsidiaries, affiliates, customers, vendors, officers and employees from any liability, damage or cost (including reasonable attorneys fees, lawyer fees and cost) from any claim or demand made by any third party due to or arising out of your access to the Site, use of the Services, violation of the Terms of Use by you, or the infringement by you, or any third party using your account or Metrio Coffee User ID, of any intellectual property or other right of any person or entity.

LINKS

The Services may provide, or third parties may provide, links to other World Wide Web sites or resources. Because Metrio Coffee has no control over such sites and resources, you acknowledge and agree that Metrio Coffee is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that Metrio Coffee shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.

LIMITATION OF LIABILITY

METRIO COFFEE OR ITS SUPPLIERS WILL NOT BE LIABLE FOR ANY DAMAGES OR INJURY, INCLUDING BUT NOT LIMITED TO SPECIAL OR CONSEQUENTIAL DAMAGES, CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, OR LINE FAILURE. METRIO COFFEE WILL NOT BE LIABLE FOR ANY DAMAGES OR INJURY, INCLUDING BUT NOT LIMITED TO SPECIAL OR CONSEQUENTIAL DAMAGES, RESULTING FROM THE USE OF, OR THE INABILITY TO USE, THE MATERIALS IN THIS SITE, EVEN IF THERE IS NEGLIGENCE ON THE PART METRIO COFFEE OR IF AN AUTHORISED METRIO COFFEE REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR BOTH. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. THE TOTAL LIABILITY TO YOU OF METRIO COFFEE FOR ALL LOSSES, DAMAGES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT, OR OTHERWISE) WILL NOT BE GREATER THAN THE AMOUNT YOU PAID TO ACCESS THIS SITE.

COPYRIGHTS & TRADEMARKS

METRIO, METRIO COFFEE, and other Metrio Coffee graphics, logos, designs, page headers, button icons, scripts, and service names are registered trademarks, trademarks or trade dress of Metrio Coffee in Australia and/or other countries. Metrio Coffee's trademarks and trade dress may not be used, including as part of trademarks and/or as part of domain names, in connection with any product or service in any manner that is likely to cause confusion.
Unless otherwise noted, all materials on this Site are protected as the copyrights, trade dress, trademarks and/or other intellectual properties owned by Metrio Coffee and/or its subsidiaries and affiliates or by other parties that have licensed their material to Metrio Coffee.

PERSONAL USE

Your use of the materials included on this Site is for personal, informational and shopping purposes only. You agree you will not distribute, publish, transmit, modify, display or create derivative works from or exploit the contents of this Site in any way. You agree to indemnify, defend and hold harmless Metrio Coffee for any and all unauthorised uses you may make of any material on the Site. You acknowledge the unauthorised use of the contents could cause irreparable harm to Metrio Coffee and that in the event of an unauthorised use. Metrio Coffee shall be entitled to an injunction in addition to any other remedies available at law or in equity.

PRODUCT SALES AND AVAILABILITY

All products displayed on this Site will be delivered to the approved list of countries (Please refer to sub website page labelled ‘Shipping’ which forms part of this agreement). All prices displayed on the Site are quoted in USD (US Dollars). You the user may change the currency type from the available list of acceptable currency(s) > USD, EUR, GBP, AUD. Metrio Coffee reserves the right without prior notice to discontinue or change specifications on products and services offered on this Site without incurring any obligations. All product(s) listed on our website are subject to availability.

CHILDREN & MINORS

This Site is for a general audience that is not designed nor intended to collect personal information from persons and/or individuals under the age of 18. Metrio Coffee does not knowingly collect personal information from anyone under the age of 18. We ask that parents supervise their children while online.

FEEDBACK AND SUBMISSIONS

You agree you are and shall remain solely responsible for the contents of any submissions you make, and you will not submit material that is unlawful, defamatory, abusive or obscene. You agree that you will not submit anything to the Site that will violate any right of any third party, including copyright, trademark, privacy or other personal or proprietary right(s).

All remarks, suggestions, ideas, graphics, or other information communicated to Metrio Coffee through this site (together, the "Submission") will forever be the property of Metrio Coffee. Metrio Coffee will not be required to treat any Submission as confidential, and will not be liable for any ideas for its business (including, without limitation, product or advertising ideas) and will not incur any liability as a result of any similarities that may appear in future Metrio Coffee operations. Without limitation, Metrio Coffee will have exclusive ownership of all present and future existing rights to the Submission of every kind and nature everywhere. Metrio Coffee will be entitled to use the Submission for any commercial or other purpose whatsoever, without compensating you or any other person sending the Submission. You acknowledge that you are responsible for any Submission you make and that you, and not Metrio Coffee, have full responsibility for the message, including its legality, reliability, appropriateness, originality, and copyright.

We sincerely appreciate your interest in Metrio Coffee. Please note that any materials submitted through http://www.metriocoffee.com.au will be deemed submitted under their respective terms and conditions.

TERMINATION

Metrio Coffee may terminate or suspend any and all Services and your Metrio Coffee account immediately, without prior notice or liability, if you breach any of the terms or conditions of the Terms of Use. Upon termination of your account, your right to use the Services will immediately cease. If you wish to terminate your Metrio Coffee account, you may simply discontinue using the Services. All provisions of the Terms of Use which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

JURISDICTION

Unless otherwise specified, the materials in this site are presented to provide information about Metrio Coffee and its products. Metrio Coffee controls and operates this site from its head office in Sydney, New South Wales in the country of Australia. Metrio Coffee makes no representation that the materials on the site are appropriate or available for use in locations outside of Australia. If you use this site from locations outside of Australia, you are responsible for compliance with any applicable local laws.

FORCE MAJEURE

To the extent permitted by law, Metrio Coffee is not liable for any delay in performing any of its obligations under these Terms and Conditions if such delay is caused by circumstances beyond the reasonable control of Metrio Coffee, and Metrio Coffee shall be entitled to a reasonable extension of time for the performance of such obligations.

MISCELLANEOUS

No agency, partnership, joint venture, or employment is created as a result of the Terms of Use and you do not have any authority of any kind to bind Metrio Coffee in any respect whatsoever. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder. Metrio Coffee shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond Metrio Coffee's reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation (including "line-noise" interference). If any provision of the Terms of Use is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that the Terms of Use shall otherwise remain in full force and effect and enforceable. The Terms of Use is not assignable, transferable or sub-licensable by you except with Metrio Coffee's prior written consent. Metrio Coffee may transfer, assign or delegate the Terms of Use and its rights and obligations without consent. The Terms of Use shall be governed by and construed in accordance with the laws of the state of New South Wales, as if made within New South Wales between two residents thereof, and the parties submit to the exclusive jurisdiction of the Supreme Court of New South Wales and the Federal Court of Australia. Notwithstanding the foregoing sentence, (but without limiting Metrio Coffee's right to seek injunctive or other equitable relief in any court of competent jurisdiction), any disputes arising with respect to this Agreement shall be referred to an arbitrator. The arbitrator shall be selected by joint agreement of the parties. In the event the parties cannot agree on an arbitrator within thirty (30) days of the initiating party providing the other party with written notice that it plans to seek arbitration, the parties shall each select an arbitrator, which arbitrators shall jointly select a third such arbitrator to resolve the dispute. The written decision of the arbitrator shall be final and binding on the parties. The arbitration proceeding shall be carried on and heard in New South Wales , Australia using the English language and pursuant to the rules and laws of Australia. In any action or proceeding to enforce rights under the Terms of Use, the prevailing party will be entitled to recover costs and attorneys' and/or lawyers’ fees. Both parties agree that the Terms of Use is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of the Terms of Use, and that all modifications must be in a writing signed by both parties, except as otherwise provided herein.

 

Our Privacy Promise

At Metrio Coffee Pty Ltd (Metrio Coffee), we recognise that your privacy is extremely important and we are committed to protecting your personal information at all times.

With this in mind we have implemented a number of measures to make sure your personal and confidential information is processed, maintained and secured in accordance to the National Privacy Principles (NPP’s).

Our Privacy Statement will provide you with details of the type of information we may store about you, how we acquire the information, make use of the information and most importantly how we protect your privacy.

Obtaining Information

You are free to browse our website without providing any personal or any other information whatsoever.

If however you wish to enquire about or purchase any of our products and/or services, then it will be necessary for us to collect certain information about you in order to process your enquiry and/or purchase order.

Information Collected

to place an order for any of our products and/or services we require all users to register and create an account by inputting the required information into the applicable online registration form.

Depending on the product and/or service ordered or enquiry made, the following information may be required to be collected at any one time:

• personal information such as title, full name(s), date(s) of birth, billing name(s), company name(s), user specified (metrio coffee) login & password, payment method selection & credit card details.
• contact information such as billing address, residential address, business address, home phone, business phone, fax number, mobile (cell) phone and email address.
• general information such as product and/or service purchase rating/feedback.

The information is collected via our online enquiry or product and/or service order forms through which the user (you) data volunteers directly.

We also collect personal information for market research and feedback purposes.

Use and Disclosure of Personal Information

Information that is collected and stored is not disclosed to any third party without your prior consent and approval.

Your consent is given by choosing to browse this website or completing an enquiry and/or registration form.

You can decide to change your mind and open or withhold your consent at anytime. On the other hand we may disclose personal information for the purpose specified at the time of collection or for other purposes:

• To entities related to our group of companies and to contractors which may from time to time be required to provide services to us and our group of companies.
• To inform you of products and/or services and new offers from us and our partners.
• You can be removed from our databases, however please note that this will not delete information held about you on third party databases or information which we are required to hold for legal or regulatory purposes.

To change your consent status or to change/delete your records please contact us by calling 1300 1 METRIO (Outside Australia +61 2 9747 0010).

Contracting Out Services & Disclosures

We also disclose personal information to organisations to whom we outsource functions, such as mailing and printing houses and IT providers who assist us in providing you with information about products & services facilitated by us.

We will only deal with third parties that we trust to act in your best interests and who treat our customers’ information with the same strict measures we enforce upon ourselves.

Online Surveys & Competitions

We conduct online surveys on a regular basis to help us improve our understanding of our customers’ needs and requirements. From time to time we may also run competitions and/or contests to reward our customers.

Surveys and competitions will require the collection of certain information about the customer(s) and/or end user(s). This information will be handled exclusively in accordance with our privacy policy.

Children

This website and/or its products are not directed to children or intending to request information from minors or persons under the age of 18.

Access Your Personal Information

In most cases, you can gain access to personal information that we hold about you. We will handle requests for access to your personal information in accordance with the NPPs.
Requests for access should be directed to our Privacy Officer – privacy@metriocoffee.com.au.

Updating Your Personal Information

We provide all our customers and/or members with the opportunity to update, review, modify and/or delete any personal information that has been previously provided to us.
You can modify, delete or change your personal information by signing into your Metrio Coffee Account or alternatively by sending an email request to privacy@metriocoffee.com.au with the details you would like to change in the body of the email.

Contact Methods

Unless you have advised otherwise, we or any third party referred to above may contact you by telephone, letter (mail), email or fax.

Security

The Privacy and Security of your information is most important. Metrio Coffee has implemented technology and security policies to ensure your information is kept safe at all times.

Our website is secured by 256-bit SSL (Secure Sockets Layer) encryption technology. SSL Technology encodes information as it is being sent over the internet, helping to ensure the integrity, confidentiality and security of information in transit.
You can identify a website to be secured by SSL when you see a secure symbol (for example a closed padlock or key or https:// in the address bar, instead of http:// ).

SSL technology requires the use of compatible browsers which allow you to communicate with our website in a
protected session by encrypting information that flows between you and the site. Internet Explorer browser versions prior to 3.02 and Netscape browser versions prior to 4.02 are not capable of 128-bit encryption. We recommend you use the latest browser versions available.

However, we do recommend that you note the following tips in order to help safeguard your personal information:

• Always take reasonable steps to keep your account details and other security information secure and never give them to anyone else.
• Take care when storing and disposing of your account information.
• Contact us immediately if you suspect or discover that your login details have been lost or stolen.
• Keep your computer secure by using up-to-date anti-virus, spyware software and a personal firewall.
• Treat emails you receive with caution and be wary of emails or calls asking you to reveal any security details. Metrio Coffee will never contact you to ask you to reveal your online account information or login details.

Information Protection

Your information is protected by Secure & Protected databases which only allow our employees and trusted contractors to access information.

We take reasonable steps to protect your information, but data can never be 100% secure. Please note that we will not be liable for any breach of security unless we have been negligent.

Website Cookies

Metrio Coffee, like most major websites, make limited use of “cookies” technology to record statistics on the number and source of visitors to our website.

Cookies are little files that store basic information without determining the identity of individual users. We never store any personal information in cookies and this feature can be disabled by the user at any time.

Links to Other Sites

This website may from time to time include links to other sites. We make every effort to provide links to high quality, reputable sites, but we are not responsible for their privacy practices, site content or the service they offer.

Telephone Calls

If you call any number listed on this website we may record your call for training and quality assurance purposes. This ensures we are always improving our customer service standards.

Updating our Privacy Statement

We may update or amend our privacy statement from time to time without notice. The version at the time we collect or use your personal information is the version that will apply.

Opt-Out Policy (Unsubscribe Policy)

We strive to only send email or electronic correspondence to those who want to receive it. If you would not like to receive future email or any electronic material please inform us by sending an email to privacy@metriocoffee.com.au with 'UNSUBSCRIBE' in the email subject line.

Or if email is not your thing you can also opt-out by sending us a letter to:

Privacy Officer
Metrio Coffee
GPO Box 5170
Sydney NSW 2001

Please include your full name, business address and email address. Once we are able to match your contact information it will be removed from our databases and mailings lists as soon as possible.

Privacy Complaints

Should you like more information about the way we manage personal information or are concerned that we may have breached your privacy and wish to make a complaint, please contact our privacy officer.

If you have any questions about your privacy, please send your email to: privacy@metriocoffee.com.au.