Terms & Conditions

WEBSITE TERMS AND CONDITIONS

Please take the time to read these terms and conditions.  By using Our Website and the Services and information offered on Our Website, you are agreeing to these terms and conditions.

If you purchase products through our Website, there will be additional terms and conditions relating to the purchase.  Please make sure you agree with these terms and conditions, which you will be directed to read prior to making your purchase.

Definitions

Services means products available for purchase on our website

the Website means the website podly.com.au

We / Us etc means podly and any subsidiaries, affiliates, employees, officers, agents or assigns.

Accuracy of content

We have taken proper care and precautions to ensure that the information we provide on this Website is accurate.  However, we cannot guarantee, nor do we accept any legal liability arising from or connected to, the accuracy, reliability, currency or completeness of anything contained on this Website or on any linked site.

The information contained on this Website should not take the place of professional advice.

Use

The Website is made available for your use on your acceptance and compliance with these terms and conditions.  By using this Website, you are agreeing to these terms and conditions.

You agree that you will use this website in accordance with all applicable local, state, national and international laws, rules and regulations.

You agree that you will not use, nor will you allow or authorise any third party to use, the Website for any purpose that is unlawful, defamatory, harassing, abusive, fraudulent or obscene way or in any other inappropriate way or in a way which conflicts with the Website or the Services. 

If you contribute to our forum (if any) or make any public comments on this Website which are, in our opinion, unlawful, defamatory, harassing, abusive, fraudulent or obscene or in any other way inappropriate or which conflict with the Website or the Services offered, then we may at our discretion, refuse to publish such comments and/or remove them from the Website.

We reserve the right to refuse or terminate service to anyone at any time without notice or reason.

Passwords and logins

You are responsible for maintaining the confidentiality of your passwords and login details and for all activities carried out under your password and login.

Indemnification for loss or damage

You agree to indemnify Us and hold Us harmless from and against any and all liabilities or expenses arising from or in any way related to your use of this Website or the Services or information offered on this Website, including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and solicitors fees of every kind and nature incurred by you or any third parties through you.

Intellectual property and copyrights

We hold the copyright to the content of this Website, including all uploaded files, layout design, data, graphics, articles, file content, codes, news, tutorials, videos, reviews, forum posts and databases contained on the Website or in connection with the Services. You must not use or replicate our copyright material other than as permitted by law.  Specifically, you must not use or replicate our copyright material for commercial purposes unless expressly agreed to by Us, in which case we may require you to sign a Licence Agreement. 

If you wish to use content, images or other of our intellectual property, you should submit your request to us at the following email address: info@podly.com.au

Errors, inaccuracies and omissions 

Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

Trademarks

The Nespresso®, Dolce Gusto®, Aldi® and Caffitaly trademarks and logos contained on this Website are trademarks of their respective companies. podly is not affiliated with these brands in anyway.         

Links to external websites

This Website may contain links that direct you outside of this Website.  These links are provided for your convenience and are not an express or implied indication that we endorse or approve of the linked Website, it’s contents or any associated website, product or service.  We accept no liability for loss or damage arising out of or in connection to your use of these sites. 

You may link to our articles or home page.  However, you should not provide a link which suggests any association, approval or endorsement on our part in respect to your website, unless we have expressly agreed in writing.  We may withdraw our consent to you linking to our site at any time by notice to you.

Limitation of Liability

We take no responsibility for the accuracy of any of the content or statements contained on this Website or in relation to our Services.  Statements made are by way of general comment only and you should satisfy yourself as to their accuracy.  We are not liable for any damages whatsoever, incurred as a result of or relating to the use of the Website or our Services.

We have made every effort to display as accurately as possible the colours and images of our products that appear at the store. We cannot guarantee that your computer monitor’s display of any colour will be accurate.

Information Collection

Use of information you have provided us with, or that we have collected and retained relating to your use of the Website and/or our Services, is governed by our Privacy Policy.  By using this Website and the Services associated with this Website, you are agreeing to the Privacy Policy.  To view our Privacy Policy and read more about why we collect personal information from you and how we use that information, click here.

Confidentiality

All personal information you give us will be dealt with in a confidential manner in accordance with our Privacy Policy.  However, due to circumstances outside of our control, we cannot guarantee that all aspects of your use of this Website will be confidential due to the potential ability of third parties to intercept and access such information.

Governing Law

These terms and conditions are governed by and construed in accordance with the laws of Australia.  Any disputes concerning this website are to be resolved by the courts having jurisdiction in state of purchase

We retain the right to bring proceedings against you for breach of these Terms and Conditions, in your country of residence or any other appropriate country or jurisdiction.

Warranties and Consumer Guarantees

Our Lifetime Warranty guarantees the stainless steel components of the pod only. All other parts including silicone sealing rings, mesh filters , etc are considered consumables and may occasionally need to be replaced at the expense of the customer.

This guarantee may be void if user error or other means of misuse is found to be the cause resulting in damage or malfunction.

All goods sold in Australia come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and for compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure.

There are nine consumer guarantees that apply to goods you purchase:

1. Acceptable quality.
2. Fit for a particular purpose
3. Match description
4. Match the sample or demonstration model
5. Express warranties will be honoured
6. Spare parts and repair facilities will be available for a reasonable time after purchase
7. Title to the goods
8. Undisturbed possession of the goods
9. No undisclosed securities on the goods

Consumer guarantees cannot be excluded and are in addition to any extended warranty you purchase or any voluntary warranty (warranty against defects) you are given.

There may be circumstances where you are not entitled to a remedy.

For further information about the Australian Consumer Law and consumer guarantees, visit www.consumerlaw.gov.au.

Refunds and Returns

Our refund and returns policy is in  accordance with Australian Consumer Law.

You are entitled to a refund if you believe your purchase meets one or more of the criteria outlined  above in “Warranties and Consumer Guarantees”.

You are not entitled to a refund if you have changed your mind, made a wrong selection or simply found the goods cheaper elsewhere. We recommend you carefully preview any orders before adding them to your shopping cart and proceeding with your order.

Where podly considers the goods to have breached a consumer guarantee, any shipping costs to return the goods to us will be at our cost.