This site is operated by BYRON FERMENTARY PTY LTD (ABN 75 659 574 231), a business owned and operated in Byron Bay, Australia. These Terms of Service ("Terms") cover your use of and access to our website (“site”), tools, resources and features (collectively, the "Services") provided by BYRON FERMENTARY PTY LTD (together with its founder, officers, directors, employees, agents, and subsidiaries, “Byron Fermentary”). Our Privacy Policy explains what personal information we collect and how it’s used and shared. Our Privacy Policy can be found here byronfermentary.com.au/privacy-policy.

The material on this site is copyright © BYRON FERMENTARY PTY LTD 2022, and/or other copyright owners. Throughout the site, the terms “we”, “us” and “our” refer to BYRON FERMENTARY PTY LTD. BYRON FERMENTARY PTY LTD offers this site, including all tools, services, information and resources available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies, notices, and values stated on this site.

You engage in our “Service” by visiting our site and/or purchasing something from us, and you agree to be bound by the following terms and conditions (“Terms of Service”, or “Terms”), including those additional policies, terms and conditions referenced in this Terms of Service, and/or available on our site. These Terms of Service apply to all users of the site, including and without limitation to users who are browsers, vendors, customers, suppliers, merchants and/ or contributors of content. The site is only offered for business within Australia, and we do not ship products outside of Australia. Likewise, for any competitions or offers we may undertake, participants must be based in Australia.

Please read these Terms of Service and our Privacy Policy carefully before accessing or using our site.

Where appropriate product ingredients have been listed, and please be mindful to check these before purchasing the product to ensure they are right for you.

All statements, comments and articles shared on this site and corresponding social media channels are based on sharing the experience of BYRON FERMENTARY PTY LTD, and in no way are any statements intended to be construed as advice, or medical, health, financial, scientific, technical or legal advice in anyway. Please always consult a professional, and in the case of anything health-related, a medical practitioner, directly on any questions or concerns that you may have. Always consult a medical practitioner if you have any allergies, or are pregnant.

Any new content, tools or features which are added to the site shall also be subject to this Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our site. It is your responsibility to check this page periodically for changes. Your continued use of or access to the site following the posting of any changes constitutes acceptance of those changes.

1. ONLINE COMMUNITY & STORE TERMS

By agreeing to these Terms of Service and our Privacy Policy, you represent that you are at least the age of majority in your state, country or province of residence, or that you are the age of majority in your state, country or province of residence and you have given us your consent to allow any of your minor dependents to use this site.

You may not use our Service or products for any illegal or unauthorised purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws). You must not transmit any worms or viruses or any code of a destructive nature. A breach or violation of any of the Terms will result in an immediate termination in the provision of the Services to you.

2. OVERVIEW OF THE BUSINESS & GENERAL CONDITIONS

We reserve the right to refuse service to anyone for any reason at any time.

You understand that your content (not including credit card information), may be transferred unencrypted and involve:

(i) transmissions over various networks; and

(ii) changes to conform and adapt to technical requirements of connecting networks or devices.

Credit card information is always encrypted during transfer over networks.

By using the Service, you acknowledge that BYRON FERMENTARY PTY LTD operates as an ecommerce business and may also operate as a dropshipping business in future. This means that our range can be stocked by BYRON FERMENTARY PTY LTD on BYRON FERMENTARY PTY LTD's premises, or retained at the Supplier's premises. To offer the products to you, BYRON FERMENTARY PTY LTD has relationships with the manufacturers or suppliers of the products (together, our “Suppliers”) to enable BYRON FERMENTARY PTY LTD to offer those products to you on the site. By using the Service, you acknowledge and give your permission for BYRON FERMENTARY PTY LTD to place orders with our Supplier(s) on your behalf, and share information with them as needed, with the exception of payment information, taking due care to keep any information between BYRON FERMENTARY PTY LTD and the Supplier(s), but noting that, as the information will be transmitted over the internet, it cannot be guaranteed that it will be secure or free of errors. Your financial data will not be shared with any party other than the payment gateways which we use on our site: Stripe and Paypal. We will not have access to your payment data.

By using the Service, you acknowledge that BYRON FERMENTARY PTY LTD may also operate as an Affiliate business, whereby it may display, discuss, or market products on its site that it may earn a fee from if you purchase the product in the future. These relationships are governed by agreements which BYRON FERMENTARY PTY LTD is a party to.

You agree not to duplicate, reproduce, copy, sell, re-sell or exploit any portion of the Service, use of the Service, or access the Service or have any contact on the site through which the Service is provided, without express written permission by us.

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

3. COMPLETENESS, TIMELINESS & ACCURACY OF INFORMATION

We are not responsible if information made available on this site is not complete, accurate, current or scientifically proven. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete, or more timely sources of information. None of the information on this site should be construed as advice in any form, and any reliance on the material on this site is entirely at your own risk.

This site may contain historical information. Historical information, necessarily, is not current and is provided for your reference only.

We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site, and your continued use of or access to the site following the posting of any changes constitutes acceptance of those changes.

4. CHANGES TO THE SERVICE & PRICES

We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.

Prices for our products are subject to change without notice.

We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

5. PRODUCTS AND/OR SERVICES

Certain products or services may be available exclusively online through the site, or on other sites and in retail stores. These products or services may have limited quantities, as well as inventory tracking considerations, and are subject to return or exchange only in accordance with BYRON FERMENTARY PTY LTD’s Returns Policy, which can be found at: byronfermentary.com.au/returns.

We have made every effort to display as accurately as possible the colours, images and to estimate the quantities of the products available that we are offering on the site. We cannot guarantee that your computer monitor's display of any colour will be accurate. We cannot guarantee that we or our Suppliers will have the item you have purchased in stock. If the item you have purchased is not in stock, we will notify when we become aware, and offer you a solution.

We deliver our products or services only to people in the Northern Rivers region of NSW, Australia. We reserve the right, but are not obligated, to limit the sales of our products or services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.

We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations or will deliver the experience you are expecting, or that any errors in the Service will be corrected or notified to those using the Service.

6. ACCURACY OF ORDERS, BILLING & ACCOUNT INFORMATION

We reserve the right to refuse any order you place with us. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors. We may, in our sole discretion, limit or cancel quantities purchased per person, per order, or per household. These restrictions may include orders placed by or under the same customer name or account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the email and/or billing address/phone number provided at the time the order was made.

You agree to provide current, complete and accurate purchase and account information for all purchases made on our site. You agree to promptly update your account and other information, including your email address, so that we can contact you as needed.

7. OPTIONAL SERVICES, TOOLS & RESOURCES

We may provide you with access to third-party services, tools or resources over which we may neither monitor nor may have any control nor input.

You acknowledge and agree that we provide access to such services, tools or resources ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement by us. We shall have no liability whatsoever arising from or relating to your use of optional third-party services, tools or resources. Any use by you of optional tools, services or resources offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which the services, tools or resources are provided by the relevant third-party provider(s).

We may also, in the future, offer new services, tools and resources and/or features through the site (including, the release of new tools and resources). Such new services, tools, resources and/or features shall also be subject to these Terms of Service.

8. THIRD-PARTY CONTENT, RESOURCES & LINKS

Certain content, products and services available via our Service may include materials from third-parties.

BYRON FERMENTARY PTY LTD may have a relationship with some third-parties which it provides information on or links to on its site. It is important to note that, while we make efforts to explore the alignment of these third-parties with our own values, we cannot take responsibility for examining, evaluating or verifying the content or accuracy of a third-party website or product offering, and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties. You agree to evaluate third-party services that you may have found via BYRON FERMENTARY PTY LTD by reviewing their terms, conditions, policies, practices and reviews completely, and you agree that you engage any of these third-parties solely at your own risk.

We may also list third-party links on this site that may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.

We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions or agreements made in connection with any third-party websites or services. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction or service with a third-party. Complaints, claims, concerns, or questions regarding third-party information, products or services should be directed to the third-party.

9. USER FEEDBACK, COMMENTS & OTHER SUBMISSIONS

If, at our request, you send certain specific submissions (for example competition entries) or without a request from us you send comments, creative ideas, suggestions, proposals, plans, or other materials, whether by email, online, by post, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us.

We may, but shall be under no obligation to:

(i) to maintain any comments in confidence;

(ii) to pay compensation for any comments; or

(iii) to respond to any comments.

We monitor, edit or remove content on our site that we determine in our sole discretion is unlawful, fake, offensive, threatening, libellous, defamatory, obscene, pornographic, or otherwise objectionable, or that may violate any law in the jurisdiction where we operate, any party’s intellectual property, or these Terms of Service.

You agree that your comments will not violate any laws in the jurisdiction where we operate, or any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libellous or otherwise unlawful, fake, obscene or abusive material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website, or any other users of our site. You may not use a false email address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

10. YOUR PERSONAL INFORMATION

Your submission of personal information through our site is governed by our Privacy Policy, which can be found here: byronfermentary.com.au/privacypolicy.

If you submit your information to BYRON FERMENTARY PTY LTD for the purposes of enquiring or to be contacted by one of our Suppliers or Affiliates, you give express permission for us to share the personal information that you have provided to us with that third-party.

11. INACCURACIES, ERRORS & 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, product availability, product pricing, promotions, offers, product delivery charges, and transit times. We reserve the right to correct any inaccuracies, errors 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).

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.

12. PROHIBITED USES

In addition to any other prohibitions as set forth in the Terms of Service or in our Privacy Policy, you are prohibited from using the site or its content:

(i) for any unlawful purpose;

(ii) to solicit others to perform or participate in any unlawful acts;

(iii) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances;

(iv) to infringe upon or violate our intellectual property rights or the intellectual property rights of others;

(v) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability;

(vi) to submit false or misleading information;

(vii) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet;

(viii) to collect or track the personal information of others;

(ix) to spam, phish, pharm, pretext, spider, crawl, or scrape;

(x) for any obscene or immoral purpose; or

(xi) to interfere with or circumvent the security features of the Service or the payment gateways that we use, any related website, other websites, or the Internet.

We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

13. WARRANTY DISCLAIMERS & LIMITATION OF LIABILITY

We do not guarantee, represent or warrant that your use of our Service will be uninterrupted, timely, secure or error-free.

We do not warrant that the results that may be obtained from the use of the Service will be accurate or reliable, or what you may have expected.

You agree that from time to time we may remove the Service for indefinite periods of time or cancel the Service at any time, without notice to you.

You expressly agree that your use of, or inability to use, the Service is at your sole risk. The Service and all products and services delivered to you through the Service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

In no case shall BYRON FERMENTARY PTY LTD, our founder, sole trader, directors, officers, employees, affiliates, agents, contractors, interns, Suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the Service or any products procured using the Service, or for any other claim related in any way to your use of the Service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the Service or any content (or product) posted, transmitted, or otherwise made available via the Service, even if advised of their possibility. Because some states, countries or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

The Australian Consumer Law sets out consumer rights that are called consumer guarantees. These include a customers’ rights to a replacement or refund as well as compensation for damages and loss and being able to cancel a faulty service. BYRON FERMENTARY PTY LTD’s Returns Policy explains its approach to being able to accept exchanges and returns – the Policy can be found at byronfermentary.com.au/returns. Where it is permitted to do so, BYRON FERMENTARY PTY LTD limits its liability for breach of any implied warranty, condition or undertaking which cannot be excluded, at the option of the customer, to:

(i) in the case of products which are goods, the replacement of the product(s) or the supply of equivalent product(s), the payment of the cost of replacing the product(s) or acquiring equivalent product(s), the repair of such product(s), or the payment of the cost of having the product(s) repaired; and,

(ii) in the case of services, the supply of the services again or the payment of the cost of having services supplied again.

14. INDEMNIFICATION

You agree to indemnify, defend and hold harmless BYRON FERMENTARY PTY LTD and our founder, sole trader, owner, subsidiaries, affiliates, officers, directors, agents, contractors, licensors, service providers, subcontractors, Suppliers, interns and employees, from any claim or demand, including reasonable legal fees, made by any third-party due to or arising out of your breach of this agreement or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

15. ADDITIONAL TERMS

(i) Severability

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service. Such determination shall not affect the validity and enforceability of any other remaining provisions.

(ii) Termination

The obligations and liabilities of the parties incurred prior to any termination date shall survive the termination of this agreement for all purposes. These Terms are effective unless and until terminated by either you or us. You may terminate these Terms at any time by notifying us that you no longer wish to use our Services, or when you cease using our site or Service.

If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly we may deny you access to our Services (or any part thereof).

(iii) Entire Agreement

The failure of us to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

These Terms of Service and any policies or operating rules posted by us on this site or in respect to the Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).

Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

(iv) Governing Law

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of New South Wales, Australia.

(v) Changes to this Terms of Service

You can review the most current version of the Terms of Service at any time on this page.

We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our site. It is your responsibility to check our site periodically for changes. Your continued use of or access to our site or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

FOR QUESTIONS OR TO CONTACT US

For questions about this Terms of Service, please email us.