Website terms & Conditions

VANUATU NOBLE KAVA AUSTRALIA (‘VNK, We, Us or Our’) welcomes you to the Vanuatu Noble Kava website and social media pages operated by Us in relation to Vanuatu Noble Kava (‘the 'Website').

In addition, to our blog and social media posts, articles and interviews (‘the Services”), the Website provides you with an opportunity to browse and purchase various products that have been listed for sale through the Website (the 'Product / Products'). The Website provides this purchase service by way of granting you access to the content on the Website for the purpose of purchasing our Products (the 'Purchase Services’).

These terms and conditions, our Privacy Policy, any other terms and conditions and policies that you may find on the website and any applicable laws or regulations (collectively, the ‘Terms’ ) govern your use of, and access to our Website and the products and services provided therein, regardless of your means of access.

We encourage you to read these Terms, and contact us at hello@vanuatunoble.com.au if you have any specific questions in relation to the Terms. By accessing or using the Website, you acknowledge that you have read, understood, and agreed to be bound to the Terms. If you do not agree with the Terms, you must stop usage of the Website, or any of services that our Website and any social media channels provides, immediately.

The Website is operated by Vanuatu Noble Kava Australia. Access to and use of the Website, or any of its associated Products or Services, is provided by Vanuatu Noble Kava Australia.

ACCEPTANCE OF TERMS

By remaining on our Website, this is deemed acceptance of our Terms.

If you access and use any part of the Website on someone else's behalf, you represent that you have the authority to do so, and accept the Terms, on their behalf. To the extent you do not have such authority, you agree to be bound to the Terms and to accept liability for any harm or loss caused by any wrongful use of the Website or Content resulting from such access or use.

By agreeing to the Terms, you agree to receive our email newsletter which you are able to unsubscribe from, at any time, by emailing us at hello@vanuatunoble.com.au

MODIFICATION

We do not promise nor guarantee to continue to offer or maintain the Website. We may, at any time and without prior notice to you, withdraw the Website from use and terminate any or all of the rights granted by the Terms.

We reserve the right to review and change any of the Terms by updating this page at Our sole discretion at any time. We may modify or remove any part of these Terms, or content of the Website, at any time without notice. You agree that if these Terms are modified, that we will update this page and indicate the date that it was last modified or otherwise we may email you. Your continued use of the Website thereafter constitutes your acceptance of any changes to the Website or Terms. If you do not agree to any change, then you must immediately stop using the Website including the Purchase Services.

For any Product orders, it is your responsibility to read the Terms before placing an order online through our Website and check back often for any changes. In the event that changes are made by us following your order of Products, such changes will not affect your order unless such change is required to have been made by law.

REGISTRATION TO USE PURCHASE SERVICES

In order to access the Purchase Services, you may be required to provide personal information about yourself (such as identification or contact details), including but not limited to:

• Email address
• Name
• Date of Birth
• Preferred username
• Mailing address 
• Phone number

 You warrant that any information you give to Vanuatu Noble Kava Australia in the course of completing the registration process for the Purchase Services, will always be accurate, correct and up to date.

You may not use the Purchase Services and Vanuatu Noble Kava Australia reserve the right to refuse Product orders or otherwise not complete and refund any Product Orders if:

• you are not of legal age within your state, territory and Country, to form a binding contract with Vanuatu Noble Kava Australia; or
• you are a person barred from receiving the Purchase Services under the laws of Australia or other countries including the country in which you are resident or from which you use the Purchase Services.
• Don’t hold a valid credit or debit card issued by a bank that is acceptable to Vanuatu Noble Kava Australia or hold any other means of payment that is acceptable Vanuatu Noble Kava Australia;

 Where necessary, we may transmit or obtain information or updated information about you (including your card number) to or from third parties for the purposes of authenticating your identity, validating your card, obtaining an initial credit card authorisation and / or authorising individual purchase transactions. 

PERSONAL INFORMATION

In order to provide you with services relating to our Products or the Purchase Services, we are required to collect your personal information. Such personal information will be collected in accordance with our Privacy Policy.

Information that we may require from you, includes but is not limited to, names, email address, postal address and postcode, together with some

By collecting your personal information, Vanuatu Noble Kava Australia, agree that this information is confidential and will be used for the provision of our services only unless otherwise required by law, pursuant to the terms of our Privacy Policy. 

Notwithstanding the above, you warrant that the personal information and any health information that you provide to us, is truthful, accurate, current and complete to the best of your knowledge or belief. Vanuatu Noble Kava Australia will not and does not accept any liability if you fail to provide us with personal information and health information that is truthful, current, complete and accurate.

PRIVACY STATEMENT

In our conscious effort to protect your privacy, Vanuatu Noble Kava Australia:

• will collect and use your personal information to help us provide the best products and services.
• will always try to collect your personal information directly from you. You have control over what information you give us.
• If you are not comfortable providing your personal information to us, you don’t have to. But remember it might impact the products and services we can provide to you – for example, we won’t be able to deliver our great products to you if you don’t provide a delivery address.
• We work to keep your personal information secure. When we don’t need it anymore, unless required by law, we will securely destroy your personal information. Vanuatu Noble Kava Australia takes your privacy seriously and any information provided through your use of the Website and/or the Purchase Services are subject to Vanuatu Noble Kava Australia Privacy Policy.

PURCHASE OF PRODUCTS

In using the Purchase Services to purchase the Products through the Website, you agree to the payment of the purchase price as listed on the Website for the respective Products (the 'Purchase Price').

Payment of the Purchase Price may be made through Shopify, Square, AfterPay or any other payment provider listed on the website (the 'Payment Gateway Provider'). In using the Purchase Services, you warrant that you have familiarised yourself with, and agree to be bound by, the applicable terms and conditions of use, privacy policy and any other relevant legal documentation provided by the Payment Gateway Providers.

Following payment of the Purchase Price being confirmed by Vanuatu Noble Kava Australia, you will be issued with a receipt to confirm that the payment has been received and Vanuatu Noble Kava Australia may record your purchase details for future use.

PRICING

Pricing of our Products are inclusive if GST where GST is charged and are displayed in Australia Dollars (AUD). Our prices are subject to change effectively immediately upon posting on the Website or by way of other forms of notification, as determined from time to time by Us.

REFUNDS AND REPLACEMENT

Due to the nature of our Products and associated health regulations, we cannot accept the return of any of our nutritional products as a result of your change in mind. It is essential that you choose to purchase our Products carefully ensuring that it suitable to you and based on advice received from a healthcare provider or general practitioner.

In the event that a Product is damaged and you are able to provide your receipt from Vanuatu Noble Kava Australia or other adequate proof of purchase, We may, at our sole discretion provide a refund or exchange of the Product, on the return of the Products within 7 days from the date that the Product is received by you and where the Product packaging is unopened and remains in a saleable condition. You acknowledge and agree that you are liable for any postage and shipping costs associated with any refund or replacement pursuant to this clause. Your remedies will be as set out under the Australian Consumer Laws to which our liability will be limited to replacement of the Product in question or otherwise a refund of the value of those Products. In the event that you believe our Products contain a defect, you must notify us immediately via email at hello@vanuatunoble.com.au and send through photo evidence of the damage to the Product prior to us agreeing to issue a refund or replacement Product.

Notwithstanding the above, our Products come with consumer guarantees that are under Australian Consumer Law that cannot be excluded, including guarantees that the Products are of acceptable quality. Such consumer guarantees will not be affected by our policy above relating to change of mind. Vanuatu Noble Kava Australia will require at all times, proof of purchase prior to providing any remedy under Australian Consumer Law. Vanuatu Noble Kava Australia agree and acknowledge that consumer guarantees cannot be excluded or limited and are in addition to any manufacturer warranties or extended warranties purchased by or give to you.

DELIVERY AND SHIPPING

You acknowledge that the Purchase Services offered by Vanuatu Noble Kava Australia integrate delivery (the 'Delivery Services') through the use of third party delivery companies (the 'Delivery Service Providers').

In providing the Purchase Services, Vanuatu Noble Kava Australia may provide you with a variety of delivery options offered as part of the Delivery Services by the Delivery Service Providers. You acknowledge and agree that Vanuatu Noble Kava Australia is not the provider of these delivery and insurance options and merely facilitates your interaction with the Delivery Service Providers in respect to providing the Delivery Services.

In the event that an item is lost or damaged in the course of the Delivery Services, Vanuatu Noble Kava Australia asks that you:

• contact the Delivery Service Provider directly to request a refund or to claim on any insurance options available; and 
• contact us by sending an email to hello@vanuatunbole.com.au outlining in what way the Products were damaged in transit so we are able to determine if the Delivery Service Provider should be removed from the Purchase Services; and
• you may be required to provide Us with a photograph of your Product and / or the delivery packaging to assist with obtaining a resolution for you.

SHIPPING & DELIVERY OPTIONS

Following you have purchased a Product / Products through the Purchase Services (“your order”), your order will be  placed, and within 1 -2 days, you will receive an invoice email to you from Us, using the email address that you have provided at checkout. Please ensure that you choose your Product carefully and the amount of Products carefully, as your order will not able to be edited or cancelled.

If you place your order over a weekend or on a public holiday it will be processed and sent out the following business days (Monday to Fridays) as applicable. Full tracking details of your order will be sent to you, once your order has been shipped.

Please see our delivery options for delivery around Australia and Internationally.

COPYRIGHT AND INTELLECTUAL PROPERTY
Vanuatu Noble Kava Australia makes no representations or warranties about whether your use of the Website or Content will, or will not, infringe any Intellectual Property Rights, including those of Vanuatu Noble Kava Australia or any third party.

NO COMMERCIAL USE
The Website (and any Products or Services purchased on or via the Website) is for your personal, non-commercial use only. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, commercially exploit, create derivative works from, transfer, or re-sell any Content, software, Products or Services contained within, on or via the Website. You may not use the Website (and any goods or services purchased on or via the Website), or any of its Content, to further any commercial purpose, including, without limitation, any commercial activity, sales or offering for sale, advertising or advertising revenue generation activity on your own website, auction sites, group buying sites social media sites or otherwise.

GENERAL DISCLAIMER
You acknowledge that Vanuatu Noble Kava Australia does not make any terms, guarantees, warranties, representations or conditions whatsoever regarding the Products or services other than what is provided for pursuant to these Terms. No information published on our Website is intended to provide a diagnosis, treat, cure or prevent disease or disorders as such We make no warranty as to information or linked information to our Website in terms of being complete and/or accurate. Any information that is medical or health related, products or treatments are only set out for information and educational purposes and will usually be presented as a summary and is not intended nor is it implied to be a substitute for professional medical advice.

You must ensure and it is your responsibility to obtain professional health advice for particular illnesses, disease, infections, injuries or any other medical condition and for dosages of Products that are provided by the Website. Any information presented on the Website must not be taken as being any sort of medical advice whatsoever and none of our Products are intended to treat medical conditions. You are completely and fully responsible and liable for what you do with the information that is presented on our Website and any resulting outcomes from your actions.

Please read our Kava Safety Guide and always ensure that you seek advice from your pharmacist, general practitioner or other medical practitioner, qualified health provider when starting any new medical treatment or health supplement, continuing with medical treatment or health supplement or with any questions that you have regarding yours or any other parties’ medical condition and only use our Products as directed.

You agree and acknowledge that Vanuatu Noble Kava Australia, do not guarantee that the use or consumption of our Products will achieve any particular results or are otherwise appropriate or right for you. You must always ensure that you consult a healthcare professional before consuming or administering our Products. Failure to do so, will be a liability and risk borne by you.

Nothing in these Terms limits or excludes any guarantees, warranties, representations or conditions implied or imposed by law, including the Australian Consumer Law (or any liability under them) which by law may not be limited or excluded.

Subject to this clause, and to the extent permitted by law:

• all terms, guarantees, warranties, representations or conditions which are not expressly stated in these Terms are excluded; and
• Vanuatu Noble Kava Australia will not be liable for any special, indirect or consequential loss or damage (unless such loss or damage is reasonably foreseeable resulting from our failure to meet an applicable Consumer Guarantee), loss of profit or opportunity, or damage to goodwill arising out of or in connection with the Purchase Services or these Terms (including as a result of not being able to use the Purchase Services or the late supply of the Purchase Services), whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise.

Use of the Website, the Purchase Services, and any of the products of Vanuatu Noble Kava Australia (including the Delivery Services), is at your own risk. Everything on the Website, the Purchase Services, and the Products of Vanuatu Noble Kava Australia, are provided to you on an "as is" and "as available" basis, without warranty or condition of any kind. None of the affiliates, directors, officers, employees, agents, contributors, third party content providers or licensors of Vanuatu Noble Kava Australia including any third party where the Delivery Services are made available to you) make any express or implied representation or warranty about, the Products, the Website, its Content or any products or Purchase Services. This includes (but is not restricted to) loss or damage you might suffer as a result of any of the following:

• failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, computer virus or other harmful component, loss of data, communication line failure, unlawful third party conduct, or theft, destruction, alteration or unauthorised access to records;
• the accuracy, suitability or currency of any information on the Website, the Purchase Service, or any of its Content related products (including third party material and advertisements on the Website);
• costs incurred as a result of you using the Website, the Purchase Services or any of the Products;
• the Content or operation in respect to links which are provided for the User's convenience;
• any failure to complete a transaction, or any loss arising from e-commerce transacted on the Website; or
• any defamatory, threatening, offensive or unlawful conduct of third parties or publication of any materials relating to or constituting such conduct.

LIMITATION OF LIABILITY
You agree that, to the fullest extent permitted by applicable law, we will not be responsible or liable (whether in contract, tort (including negligence) or otherwise), under any circumstances, for any (a) interruption of business; (b) access delays or access interruptions to the Website; (c) data non-delivery, misdelivery, corruption, destruction or other modification; (d) computer viruses, system failures or malfunctions which may occur in connection with your use of the Sites, including clicking any hyperlink to or from a third party website; (e) any inaccuracies or omissions in the Sites or Content; or (f) events beyond our reasonable control.

Further, to the fullest extent permitted by applicable law, we will not be liable for any indirect, special, punitive, incidental, or consequential damages of any kind or loss of profits, loss of revenue loss of data, loss of goodwill, arising out of or related to the Websites, or your use (or non-use) thereof, regardless of the form of action whether in contract, tort (including negligence) or otherwise, even if we have been advised of the possibility of such damages and in no event shall our maximum aggregate liability exceed AUD$ 100.

Vanuatu Noble Kava Australia’s total liability arising out of or in connection with the Purchase Services or these Terms, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the most recent Purchase Price paid by you under these Terms or where you have not paid the Purchase Price, then the total liability of Vanuatu Noble Kava Australia is the resupply of information or Purchase Services to you.

You expressly understand and agree that Vanuatu Noble Kava Australia, its affiliates, employees, agents, contributors, third party content providers and licensors shall not be liable to you for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you, however caused and under any theory of liability. This shall include, but is not limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation and any other intangible loss.

Vanuatu Noble Kava Australia is not responsible or liable in any manner for any site content (including the Content and Third Party Content) posted on the Website or in connection with the Purchase Services, whether posted or caused by users of the website of Vanuatu Noble Kava Australia by third parties or by any of the Purchase Services offered by Vanuatu Noble Kava Australia

You acknowledge that Vanuatu Noble Kava Australia does not provide the Delivery Services to you and you agree that Vanuatu Noble Kava Australia will not be liable to you for any special, indirect or consequential loss including but not limited to health, or damage, loss of profit or opportunity, or damage to goodwill arising out of or in connection with the Delivery Services. To the maximum extent permitted by law, we do not accept liability for any loss whatsoever, including consequential loss suffered by you arising from the Products or your use of the Products.

RELIANCE ON TESTIMONIALS
Any testimonials that are on our Website or provided by third party websites unrelated to Vanuatu Noble Kava Australia, may not reflect the result that you may achieve or not achieve by using our Products or services. All results may vary from person to person and your experience may not be the same or similar to those that are providing testimonials of our Products and services.

USE OF INFORMATION
If you upload or otherwise provide any information or content (‘User Content’) in the course of accessing or using the Website, you:

• agree to grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable right to exercise and use the User Content (and all intellectual property rights contained therein), including in all media now known or not currently known;
• consent to us infringing any moral rights or similar rights you may have or may acquire in the future in that User Content; and
• agree that such User Content will be available to us to use in any manner, subject to applicable laws, including privacy laws.

You agree that you will not upload or otherwise provide any User Content that:

• is defamatory, fraudulent, unlawful, threatening, intimidating, harassing, inappropriate, harmful, hateful, abusive, tortious, obscene, invasive of another's privacy, sexist, racist, violent, degrading;
• infringes the intellectual or other proprietary interests of third parties;
• contains spam, chain letters, pyramid and other such selling and marketing schemes, computer viruses, computer code, files or programs or other harmful components that are designed to interrupt, destroy, change or limit the functionality of the Sites or any other computer software, hardware or other electronic equipment, information which in any way impinges on another user's use or enjoyment of the Sites or otherwise breaches or encourages other users to breach the Terms;
• violates any law, statute or regulation;
• forges information to disguise the origin of any User Content; or
• encourages or incites any other person to engage in any of the above behaviour

RELATIONSHIP
No agency, partnership, joint venture, employment or franchisor-franchisee relationship is intended or created between you and us by the Terms.

FORCE MAJEURE
We shall not be responsible for any delay, suspension or failure arising out of any circumstances outside of our reasonable control, including acts of God, governmental actions, including any government imposed shutdown or closure, a change in applicable law, riots, vandalism, strikes, lockouts or other labour difficulty, war or national emergency, pandemic, epidemic, quarantine or other widespread or serious threat to human health (including an outbreak or recurrence), acts of terrorism, fire, explosion, flood or other natural disaster, an act or omission of a third party, inability to obtain any necessary materials, equipment, facilities or services, the failure of performance provided by others, internet interruption or virus, accidents or breakdown of plant, machinery, software, hardware or communication network and failure or shortage of power supplies or other essential utility.

OFFERS
Offers are valid only for the period specified and will end at 11:59am AET on the end date, unless stated otherwise in the offer terms. Orders placed on days with free shipping offers are not eligible for our 2pm same day dispatch guarantee.

Items on sale during a Vanuatu Noble Kava Australia pre-sale or pre-order offer will be subject to an order quantity limit per customer, per order, which we may determine or amend (in our absolute discretion) at any time.

We reserve the right to vary, withdraw or cancel offers for any reason at any time.

TERMINATION
Vanuatu Noble Kava Australia may at any time, terminate the Terms with you if: 

• you have breached any provision of the Terms or intend to breach any provision relating there of;
• Vanuatu Noble Kava Australia is required to do so by law;
• the partner with whom Vanuatu Noble Kava Australia offered the Purchase Services to you has terminated its relationship with Vanuatu Noble Kava Australia or ceased to offer the Purchase Services to you;
• Vanuatu Noble Kava Australia is transitioning to no longer providing the Purchase Services to Members in the country in which you are resident or from which you use the service offered by our Website; or
• the provision of the Purchase Services to you by Vanuatu Noble Kava Australia is, in the opinion of Vanuatu Noble Kava Australia, no longer commercially viable. 

Subject to local applicable laws, Vanuatu Noble Kava Australia reserves the right to discontinue or cancel your membership to the Website at any time and may suspend or deny, in its sole discretion, your access to all or any portion of the Website or the Purchase Services without notice if you breach any provision of the Terms or any applicable law or if your conduct impacts Vanuatu Noble Kava Australia ‘sname or reputation or violates the rights of those of another party.

When the Terms come to an end, all of the legal rights, obligations and liabilities that you and Vanuatu Noble Kava Australia have benefited from, been subject to (or which have accrued over time whilst the Terms have been in force) or which are expressed to continue indefinitely, shall be unaffected by this cessation, and the provisions of this clause shall continue to apply to such rights, obligations and liabilities indefinitely.

VENUE AND JURISDICTION
The Purchase Services offered by Vanuatu Noble Kava Australia is intended to be viewed by residents of Australia. In the event of any dispute arising out of or in relation to the Website, you agree that the exclusive venue for resolving any dispute shall be in the courts of Victoria, Australia.

ASSIGNMENT
You understand and agree that you may not assign your rights or obligations under these Terms to any other party unless you have the express written consent form Us. You further agree that we may assign our rights and obligations under these Terms to any other party at our sole discretion.

public policy on the grounds of inequality or bargaining power or general grounds of restraint of trade.

SEVERANCE
If any part of these Terms is found to be void or unenforceable by a Court of competent jurisdiction, that part shall be severed and the rest of the Terms shall remain in force.

CONTACT INFORMATION
Should you have any questions or concerns about any matters relating to our Terms, our Products, Product Services, Website or Vanuatu Noble Kava Australia please do not hesitate to contact us by email at: hello@vanuatunoble.com.au